Zivkovic v. Laura Christy LLC et al
| Pavle Zivkovic |
| Laura Christy LLC, Laura Christy Midtown LLC, David Ghatanfard and Genco Luca |
| 1:2017cv00553 |
| January 25, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Gregory H. Woods |
| Fair Labor Standards Act |
| 29 U.S.C. ยง 201 |
| Plaintiff |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
361
ORDER re: 360 Letter filed by Pavle Zivkovic. Based on the record before the Court, and for good cause appearing, the Court ORDERS Mr. Pirsos to comply with the November 28 Subpoena within seven days of this order's entry or such other time as may be agreed between Plaintiffs and Mr. Pirsos. IT IS FURTHER ORDERED that the hearing scheduled for March 13, 2023, is hereby adjourned sine die. SO ORDERED. (Signed by Judge Gregory H. Woods on 3/7/2023) (kv)
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Filing
348
ORDER denying without prejudice 347 Letter Motion for Discovery. Application denied without prejudice. The Court declines to "so-order" the subpoena submitted by Plaintiffs. Dkt. No. 347. Plaintiffs may seek to enforce the subpoena on Mr. Milton J. Pirsos by applying for an order to show cause. The Clerk of Court is directed to terminate the motion pending at Dkt. No. 347. (Signed by Judge Gregory H. Woods on 1/19/2023) (rro)
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Filing
346
ORDER denying without prejudice 345 Letter Motion for Discovery. Application denied without prejudice. The Court declines to "so-order" the subpoena submitted by Plaintiffs. Dkt. No. 345. Plaintiffs indicate that they served a valid s ubpoena on Mr. Milton J. Piros on December 5, 2022. If the recipient of a valid subpoena has failed to comply with it, Plaintiffs may seek to enforce the subpoena before the appropriate court. The Clerk of Court is directed to terminate the motion pending at Dkt. No. 345.. (Signed by Judge Gregory H. Woods on 12/15/2022) (rro)
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Filing
324
JUDGMENT: It is HEREBY, ORDERED, ADJUDGED AND DECREED that the Clerk of Court shallenter judgment as follows: Pursuant to the jury's verdict, Judgment shall be entered in favor of the Subclasses and against Defendants Laura Christy LLC, Laura Christy Midtown LLC, and David Ghatanfard, jointly and severally, in the amount of $4,509,868.78 which includes prejudgment interest (the "Class Jury Award"). Plaintiffs' counsel, Joseph & Kirschenbaum LLP, shall be awarded � 36;1,503,274.56 as attorneys' fees which shall be paid out of the Class Jury Award. In addition, lead plaintiffs Ricardo Sanchez, Fernando Marin, and Alejandra C. Rendon shall each be awarded $5,000 as service awards, in addition to the individual respective amounts they are entitled to from this Judgment. These service awards shall also be paid out of the Class Jury Award. In addition to the sum owed pursuant to Class Jury Award, the Court also awards class counsel, Joseph & Kir schenbaum LLP, $561,948.50 in attorneys' fees pursuant to the feeshifting provisions of the New York Labor Law ("NYLL") as well as $20,200.57 in costs pursuant to that statute for a total of $582,149.07. Accordingly, in the aggregate, Judgment shall be entered in favor of the Subclasses and against Defendants Laura Christy LLC, Laura Christy Midtown LLC, and David Ghatanfard, jointly and severally, in the amount of $5,092,017.85 which includes prejudgment in terest (the "Class Judgment"). Pursuant to New York Labor Law § 198(4), any or all of the $5,092,017.85 Class Judgment amount which is not paid within ninety (90) days of this Judgment shall be automatically increased at the rat e of 15% of the Judgment. The Court awards attorneys' fees pursuant to the fee-shifting provisions of the New York City Human Rights Law in the amount of $7,060.00 in favor of Plaintiffs' counsel, Joseph & Kirschenbaum LLP, and against Defendants Genco Luca, David Ghatanfard, and Laura Christy Midtown LLC, jointly and severally. In sum, and for the avoidance of doubt, Judgment is hereby entered against each Defendant in the following amounts: and further set forth in this Order. (Signed by Judge Gregory H. Woods on 6/22/2022) (rro)
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Filing
311
ORDER: Accordingly, in light of both the plain language and purpose of the statute providing for pre-judgment interest, the Court denies Defendants' request to stop assessing prejudgment interest on a hypothetical date that this case would have been resolved and adopts Plaintiffs' proposed approach for calculating prejudgment interest. Although the Court adopts Plaintiffs' proposed approach, the Court does not adopt Plaintiffs calculation of prejudgment interest, as this calcul ation appears to be based on the number of days from the Damages Start Date to the Date of Verdict, instead of from the Damages Midpoint Date to the Date of Verdict. See Dkt. No. 287-1 at 3. The Court requests that Plaintiffs recalculate that amou nt and present the recalculated amount to the Court. With respect to the allocation of damages, Plaintiffs' proposed approach for distributing the tip credit damages, spread of hours damages, overtime damages, prejudgment interest, liquidat ed damages, and damages arising from the N.Y. Lab. Law § 195(1) and N.Y. Lab. Law 195(3) claims is reasonable. The Court is willing to consider a more detailed distribution plan. The parties are directed to submit a joint letter addressing when the Court should enter judgment in this case, along with a form order of judgment, no later than June 8, 2022. Plaintiff is further directed to submit a revised calculation of prejudgment interest, a detailed plan for distributing damages, and a plan for notifying class members of the damages award no later than June 8, 2022. SO ORDERED. (Signed by Judge Gregory H. Woods on 5/26/2022) (mml)
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Filing
284
ORDER, Plaintiffs are directed to provide Defendants with a proposed calculation of damages on or before April 15, 2022. The parties are then directed to file a joint letter on or before April 20, 2022, providing the Court with the parties' pr oposed calculation of damages. The letter should include Plaintiffs' proposed calculation of damages along with a description of any points of disagreement between Plaintiffs and Defendants. In addition, the joint letter should include a prop osed approach for devising a plan of allocation of the award of damages amongst the class members. Plaintiffs are also directed to file any application for attorneys' fees on or before May 6, 2022. Defendants' opposition to Plaintiffs 9; application for attorneys' fees is due within two weeks of the date of service of Plaintiffs' application. Plaintiffs' reply, if any, is due one week following the date of service of Defendants' opposition. SO ORDERED. ( Motions due by 5/6/2022.) (Signed by Judge Gregory H. Woods on 4/11/22) (yv)
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Filing
271
ORDER granting 256 Motion in Limine; granting in part and denying in part 258 Motion in Limine. For the reasons stated on the record during the March 11, 2022 final pretrial conference, Plaintiffs first motion in limine, Dkt. No. 256, is gr anted. Defendants are precluded from calling the forty-three previously undisclosed witnesses identified by Plaintiff in the Joint Proposed Pretrial Order, Dkt. No. 253, at 9-16. For the reasons stated on the record during the March 11, 2022 fina l pretrial conference, Plaintiff's second motion in limine, Dkt. No. 258, is granted in part and denied in part. Defendants are precluded from introducing evidence of the precise amount of tips received by individual class members. However, the Court denies Plaintiffs' request to exclude all evidence of non-written tip notice. As explained during the conference, Defendants are directed to inform the Court no later than one business day prior to the introduction of evidence by Defendant regarding non-written tip notice. The Clerk of Court is directed to terminate the motions pending at Dkt. Nos. 256 and 258. SO ORDERED. (Signed by Judge Gregory H. Woods on 3/14/2022) (vfr)
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Filing
251
ORDER granting 250 Letter Motion for Extension of Time to File. Application granted. The parties' pre-trial submissions, described in the Court's November 10, 2021 Order, Dkt. No. 248, are due on or before February 11, 2022. The re maining deadlines laid out in the Court's November 10, 2021 and December 1, 2021 Orders, Dkt. Nos. 248 and 249, remain unchanged. The Clerk of Court is directed to terminate the motion pending at Dkt. No. 250. SO ORDERED. (Signed by Judge Gregory H. Woods on 1/27/2022) (va)
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Filing
249
ORDER: On November 11, 2021, the Court scheduled the jury trial in this case to begin on March 28, 2022. Dkt. No. 248. The jury trial is adjourned to Thursday, March 31, 2022 at 9:00 a.m. The remaining deadlines laid out in the Court's November 11, 2021 order, Dkt. No. 248, remain in effect. SO ORDERED. (Signed by Judge Gregory H. Woods on 12/1/2021) ( Jury Trial set for 3/31/2022 at 09:00 AM before Judge Gregory H. Woods.) (ks)
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Filing
248
ORDER granting 245 Letter Motion for Extension of Time to File. A jury trial in this matter will commence on March 28, 2022. Plaintiffs are directed to provide Defendants with initial drafts of the parties' pretrial materials on or before December 10, 2021. Defendants are directed to provide their edits and revisions to Plaintiffs by January 24, 2022. The parties' pretrial materials are due to the Court no later than February 7, 2022. The Court will hold a final pretrial conf erence in this case on Tuesday, March 1, 2022 at 10:00 a.m. in Courtroom 12C of the United States District Court for the Southern District of New York, Daniel Patrick Moynihan U.S. Courthouse at 500 Pearl Street, New York, New York 10007. The trial will take place in a courtroom to be determined in the United States District Court for the Southern District of New York, Daniel Patrick Moynihan U.S. Courthouse at 500 Pearl Street, New York, New York, 10007. The parties are directed to submit t he following materials no later than February 7, 2022: (1) the joint pretrial order and other submissions permitted or required under Rule 5 of the Courts Individual Rules of Practice in Civil Cases, (2) a proposed brief, mutually acceptable descr iption of the case, to be read to the venire, and (3) a proposed brief, mutually acceptable overview of the applicable law, to be read to the jury as part of the Courts initial instructions prior to opening statements. The Clerk of Court is directed to terminate the motion pending at Dkt. No. 245. SO ORDERED. (Signed by Judge Gregory H. Woods on 11/10/2021) (jca)
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Filing
234
ORDER: A jury trial in this matter will begin on June 28, 2021 at 9:00 a.m. The Court will hold a final pretrial conference in this case on June 1, 2021 at 1:00 p.m. Both the final pretrial conference and the jury trial will be held in Courtroom 12C of the United States District Court for the Southern District of New York, Daniel Patrick Moynihan U.S. Courthouse at 500 Pearl Street, New York, New York 10007. The parties are directed to submit the following materials no later than February 3, 202 0: (1) the joint pretrial order and other submissions permitted or required under Rule 5 of the Court's Individual Rules of Practice in Civil Cases, including the parties' joint proposed jury charges, (2) memoranda of law regarding the disp uted applicability of affirmative defenses under New York Labor Law § 198 in accordance with Rule 5(B)(iii) of the Court's Individual Rules of Practice in Civil Cases, (3) a proposed brief, mutually acceptable description of the case, to be read to the venire, and(4) a proposed brief, mutually acceptable overview of the applicable law, to be read to the jury as part of the Court's initial instructions prior to opening statements. SO ORDERED., ( Final Pretrial Conference set for 6/ 1/2021 at 01:00 PM in Courtroom 12C, 500 Pearl Street, New York, NY 10007 before Judge Gregory H. Woods., Jury Trial set for 6/28/2021 at 09:00 AM in Courtroom 12C, 500 Pearl Street, New York, NY 10007 before Judge Gregory H. Woods.) (Signed by Judge Gregory H. Woods on 9/24/2020) (ama)
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