Zivkovic v. Laura Christy LLC et al
Plaintiff: Zivkovic, Vojislav Knezevic, Ulas Geckil, Arben Buqaj, Imram Shonar, Adrian Celmeta, Alejandra C Rindon, Vito Avella, Rafael Moctesuma, Jesus Espinosa, Diana Martha Michos, Fernando Marin, Julia Boyadjan, Ricardo Sanchez and Ulas Konca
Defendant: Laura Christy LLC and Laura Christy LLC doing business as Valbella
Counter Defendant: Pavle Zivkovic and Laura Christy Midtown LLC
Counter Claimant: David Ghatanfard and Genco Luca
Interested Party: Milton J Pirsos, CPA, Rosey Kalayjian and Weiner LLC
Case Number: 1:2017cv00553
Filed: January 25, 2017
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: New York
Presiding Judge: Gregory H Woods
Nature of Suit: Labor: Fair Standards
Cause of Action: 29 U.S.C. § 201 Fair Labor Standards Act
Jury Demanded By: Plaintiff
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Docket Report

This docket was last retrieved on May 6, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 21, 2023 Opinion or Order Filing 442 ORDER. The order maintaining the July 5, 2023 temporary restraining order ("TRO") and the associated documents under seal expired on July 19, 2023. Accordingly, Plaintiff is directed to publicly file copies of all documents submitted by Plaintiff in connection with the TRO that do not already publicly appear on ECF, as soon as practicable. (HEREBY ORDERED by Judge Gregory H. Woods) (Text Only Order) (wv)
July 20, 2023 Opinion or Order Filing 441 EX PARTE ORDER: Accordingly, the Court requests that Plaintiff provide supplemental briefing on why this Court would have jurisdiction over a claim against Ms. Kalayjian under NYDCL 273 no later than July 7, 2023. (Signed by Judge Gregory H. Woods on 6/30/2023) (rro)
July 19, 2023 Opinion or Order Filing 440 ORDER granting #436 Letter Motion for Extension of Time to File Response/Reply re #436 LETTER MOTION for Extension of Time to File Response/Reply to the Motion to Quash addressed to Judge Gregory H. Woods from Michael S. Gordon dated July 19, 2023. Ms. Kalayjian's request for an extension of time to file her reply, Dkt. No. 436, is granted. Ms. Kalyjian's reply is due no later than July 28, 2023. The Clerk of Court is directed to terminate the motion pending at Dkt. No. 436. Replies due by 7/28/2023. (Signed by Judge Gregory H. Woods on 7/19/2023) (rro)
July 19, 2023 Opinion or Order Filing 439 ORDER: On July 5, 2023, the Court issued an ex parte temporary restraining order (the "TRO") under seal and ordered that all papers submitted in support of the TRO would remain under seal until July 19, 2023, unless an application to extend the seal was filed at least two business days prior to that date. Documents on ECF that are currently sealed include Dkt. Nos. 419, 420, and 434. No party has requested to extend the sealing order. Accordingly, the TRO and all related filings are unsealed. The Clerk of Court is directed to change the viewing levels of Dkt. Nos. 419, 420, and 434 to "public." (Signed by Judge Gregory H. Woods on 7/19/2023) (rro)
July 19, 2023 Opinion or Order Filing 438 TEMPORARY RESTRAINING ORDER AND ORDER TO SHOW CAUSE FOR ATTACHMENT: It is HEREBY ORDERED, that Ms. Kalayjian show cause before the Honorable Gregory H. Woods, in Room 12C of the United States District Court for the Southern District ofNew York, Daniel Patrick Monynihan U.S. Courthouse at 500 Pearl Street, New York, NY, on July 19, 2023, at 4:00 p.m. or as soon thereafter as counsel may be heard, why an order should not be issued pursuant to Rule 69 of the Federal Rules of Civil Procedure and N.Y. C.P.L.R. 6210, as follows: as set forth herein. Based on the foregoing, Plaintiffs' motion for a temporary restraining order, Dkt. No. 419, is GRANTED as detailed above. The Clerk of Court is directed to terminate the motion pending at Dkt. No. 419. SO ORDERED., Motions terminated: #419 MOTION for Temporary Restraining Order agaisnt Rosey Kalayjian filed by Pavle Zivkovic. (Signed by Judge Gregory H. Woods on 7/05/2023) (ama)
July 19, 2023 Opinion or Order Filing 437 ORDER denying #434 . Plaintiffs' July 18, 2023, letter motion seeking discovery and asking the Court to deny Ms. Kalayjian's motions to quash, Dkt. No. 434, is denied without prejudice. Under the Court's Individual Rules of Practice in Civil Cases, pre-motion letters are required for motions concerning discovery. See Individual Rule 2(E). Any renewed motion must comply with the Court's Individual Rules. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (wv)
July 19, 2023 Opinion or Order Filing 436 LETTER MOTION for Extension of Time to File Response/Reply to the Motion to Quash addressed to Judge Gregory H. Woods from Michael S. Gordon dated July 19, 2023. Document filed by Rosey Kalayjian..(Gordon, Michael)
July 18, 2023 Opinion or Order Filing 435 LETTER addressed to Judge Gregory H. Woods from Maximillian S. Shifrin dated July 18, 2023 re: Response to Plaintiffs' Letter dated July 18, 2023. Document filed by Rosey Kalayjian..(Shifrin, Maximillian)
July 18, 2023 Opinion or Order Filing 434 ***SELECTED PARTIES*** LETTER MOTION for Discovery of the assets of non-party Rosey Kalayjian addressed to Judge Gregory H. Woods from Lucas C. Buzzard dated July 18, 2023. Document filed by Pavle Zivkovic, David Ghatanfard, Rosey Kalayjian, Laura Christy LLC, Laura Christy Midtown LLC, Genco Luca. (Attachments: #1 Exhibit 1 (TRO))Motion or Order to File Under Seal: #434 .(Buzzard, Lucas)
July 14, 2023 Opinion or Order Filing 433 MEMORANDUM OF LAW in Opposition re: #405 FIRST MOTION to Quash Subpoena Duces Tecum served upon Patriot Bank N.A. . . Document filed by Pavle Zivkovic..(Nussbaum, Yosef)
July 11, 2023 Opinion or Order Filing 432 MEMO ENDORSEMENT: on re: #431 Letter filed by Rosey Kalayjian. ENDORSEMENT: Given Ms. Kalayjian's consent to the continuation of the temporary restraining order through the briefing and resolution of Plaintiffs' motion for an order of attachment, and given the need of Ms. Kalayjian's newly retained counsel for additional time to review the record, gather facts, and prepare an opposition, see Fed. R. Civ. P. 65(b), Ms. Kalayjian's request for an extension of time to oppose Plaintiffs' motion for an order of attachment, Dkt. No. 431, is granted. Ms. Kalyjian's opposition to Plaintiffs' motion for an order of attachment is due no later than August 11, 2023. Plaintiffs' reply, if any, is due within 14 days after service of Ms. Kalayjian's opposition. The order to show cause hearing scheduled for July 19, 2023, is adjourned to September 21, 2023, at 3:00 p.m. The temporary restraining order previously entered by theCourt shall remain in effect through that date. SO ORDERED., ( Responses due by 8/11/2023, Show Cause Hearing set for 9/21/2023 at 03:00 PM before Judge Gregory H. Woods.) (Signed by Judge Gregory H. Woods on 7/11/2023) (ama)
July 11, 2023 Opinion or Order Filing 431 LETTER addressed to Judge Gregory H. Woods from Michael S. Gordon dated July 11, 2023 re: Requesting an Extension of Time to Respond to Plaintiff's Motion for an Order of Attachment. Document filed by Rosey Kalayjian..(Gordon, Michael)
July 11, 2023 Opinion or Order Filing 430 NOTICE OF APPEARANCE by Maximillian Samuel Shifrin on behalf of Rosey Kalayjian..(Shifrin, Maximillian)
July 11, 2023 Opinion or Order Filing 429 NOTICE OF APPEARANCE by Michael Steven Gordon on behalf of Rosey Kalayjian..(Gordon, Michael)
July 10, 2023 Opinion or Order Filing 428 MEMO ENDORSEMENT on re: #426 Status Report filed by Pavle Zivkovic. ENDORSEMENT: Application granted. Weiner LLC is ordered to produce the information listed above no later than July 21, 2023. SO ORDERED. (Signed by Judge Gregory H. Woods on 7/10/2023) (tg)
July 10, 2023 Opinion or Order Filing 427 ORDER denying #425 . Application denied without prejudice. Federal Rule of Civil Procedure 65(b) provides for the extension of a temporary restraining order upon consent of the restrained party. The Court would entertain a request to extend Ms. Kalayjian's time to respond if Ms. Kalayjian consents to the extension of the temporary restraining order. For the Court to evaluate the requested extension, the Court must know whether Ms. Kalayjian consents to the continuation of the temporary restraining order through the briefing and resolution of Plaintiff's motion for an order of attachment. Any renewed request for an extension should clearly state whether Ms. Kalayjian consents to continuation of the temporary restraining order through the briefing and resolution of Plaintiff's motion for an order of attachment. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (wv)
July 7, 2023 Opinion or Order Filing 426 STATUS REPORT. re: Weiner LLC production Document filed by Pavle Zivkovic..(Nussbaum, Yosef)
July 7, 2023 Opinion or Order Filing 425 FIRST LETTER MOTION for Extension of Time addressed to Judge Gregory H. Woods from Fred L. Seeman, Esq. dated July 7, 2023. Document filed by Rosey Kalayjian..(Seeman, Fred)
July 4, 2023 Opinion or Order Filing 424 PARTIAL JUDGMENT: 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 that was calculated and assessed as of the date of the Court's original June 22, 2022 judgment (the "Class Jury Award"). Plaintiffs' counsel, Joseph & Kirschenbaum LLP, shall be awarded $1,503,274.56 as attorneys' fees which shall be paid out of the Class Jury Award. For the avoidance of doubt, this award of attorneys' fees does not include fees incurred after entry of the Court's original judgment on June 22, 2022. 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 & Kirschenbaum 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 $582,049.07. For the avoidance of doubt, these amounts do not include fees or costs incurred after entry of the Court's original judgment on June 22, 2022. Accordingly, in aggerate, 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 interest calculated and assessed as of the date of the Court's original June 22, 2022 judgment (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 rate of 15% of the Judgment. The aforementioned Class Judgment amount shall be subject to post-judgment interest at the rate fixed pursuant to 28 U.S.C. 1961 accruing from the date the Court's original judgment was entered on June 22, 2022 until the date the Class Judgment is fully satisfied. The Court, having determined that the Class Judgment should be immediately enforceable, hereby dissolves the automatic stay on execution and enforcement provided for in Fed. R. Civ. P. 62(a). (Signed by Judge Gregory H. Woods on 7/4/2023) (rro)
June 30, 2023 Opinion or Order Filing 423 ORDER granting #418 Letter Motion for Extension of Time. Application granted. The deadline for Plaintiffs to file and serve its opposition is extended to July 14, 2023. Ms. Kalayjian's reply, if any, is due within seven days after service of Plaintiff's opposition. The Clerk of Court is directed to terminate the motion pending at Dkt. No. 418. (Signed by Judge Gregory H. Woods on 6/30/2023) (rro)
June 30, 2023 Opinion or Order Set/Reset Deadlines: Responses due by 7/14/2023 (rro)
June 30, 2023 Opinion or Order Filing 422 ORDER. As discussed at the June 30, 2023 order to show cause hearing, the Court orders counsel for Plaintiff and counsel for Weiner LLC to meet and confer regarding the scope of documents requested in the subpoena and to complete the meet-and-confer process no later than July 6, 2023. Plaintiff and Weiner LLC are directed to submit a joint letter no later than July 8, 2023, informing the Court of any issues that remain outstanding that require the Court's intervention; any such issues should be specifically identified in the July 8, 2023 letter. The parties may also propose a schedule for production for the Court to order. (HEREBY ORDERED by Judge Gregory H. Woods) (Text Only Order) (wv)
June 30, 2023 Opinion or Order Filing 421 MEMORANDUM OPINION AND ORDER re: #411 MOTION for Entry of Judgment under Rule 54(b) . filed by Pavle Zivkovic, #386 FIRST LETTER MOTION to Reopen sever remaining case addressed to Judge Gregory H. Woods from Neal S. Comer dated May 16, 2023. filed by David Ghatanfard, Laura Christy Midtown LLC. For the reasons stated above, Plaintiff's motion for entry of partial judgment under Rule 54(b) is GRANTED. Because the Court grants this Motion, Defendants' request for leave to move to sever, Dkt. No. 386, is DENIED as moot. Defendants previously sought leave to move to stay enforcement on the grounds that there was no final judgment to enforce. Dkt. No. 399. Given that the Court has granted Plaintiff's motion for entry of partial judgment, and Defendants' lack of opposition to that motion or to Plaintiff's request to dissolve Rule 62(a)'s automatic stay, there no longer appears to be a basis for Defendants' proposed motion to stay enforcement. If Defendants wish to proceed with a motion to stay enforcement of the partial judgment ordered here, they must file a new pre motion conference request letter in accordance with this Court's Individual Rules of Practice in Civil Cases. Plaintiff included a proposed partial judgment with the Motion. See Dkt. No. 413-10. Defendants have not objected to Plaintiff's proposed judgment. Plaintiff is directed to email an editable copy of the proposed partial judgment, together with a blackline comparing it to the June 22, 2022 judgment, as soon as practicable. The Clerk of Court is directed to terminate the motions pending at Dkt. Nos. 386, 411. SO ORDERED. (Signed by Judge Gregory H. Woods on 6/30/2023) (kv)
June 30, 2023 Opinion or Order Minute Entry for proceedings held before Judge Gregory H. Woods: Show Cause Hearing held on 6/30/2023. (Court Reporter present) (wv)
June 29, 2023 Opinion or Order Filing 420 ***EX-PARTE*** MEMORANDUM OF LAW in Support re: #419 MOTION for Temporary Restraining Order agaisnt Rosey Kalayjian. . Document filed by Pavle Zivkovic. (Attachments: #1 Affidavit Decl., #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19, #21 Exhibit 20, #22 Exhibit 21, #23 Exhibit 22, #24 Exhibit 23, #25 Exhibit 24, #26 Exhibit 25, #27 Exhibit 26, #28 Exhibit 27, #29 Exhibit 28, #30 Exhibit 29, #31 Exhibit 30, #32 Exhibit 31, #33 Supplement NOM, #34 Supplement Mem.)Motion or Order to File Under Seal: #419 .(Buzzard, Lucas)
June 29, 2023 Opinion or Order Filing 419 ***EX-PARTE*** MOTION for Temporary Restraining Order agaisnt Rosey Kalayjian. Document filed by Pavle Zivkovic.Motion or Order to File Under Seal: #419 .(Buzzard, Lucas) (Refer to ECF Rule 13.19(b) and (c) for directions regarding promptly alerting the court to this filing.)
June 29, 2023 Opinion or Order Filing 418 LETTER MOTION for Extension of Time addressed to Judge Gregory H. Woods from Josef Nussbaum dated June 29, 2023. Document filed by Pavle Zivkovic..(Nussbaum, Yosef)
June 29, 2023 Opinion or Order Filing 417 NOTICE OF APPEARANCE by Fred L. Seeman on behalf of Weiner LLC..(Seeman, Fred)
June 26, 2023 Opinion or Order Filing 416 DECLARATION of LEONARD SPIELBERG in Support re: #411 MOTION for Entry of Judgment under Rule 54(b) .. Document filed by Laura Christy Midtown LLC..(Spielberg, Leonard)
June 23, 2023 Opinion or Order Filing 415 DECLARATION of Lucas C. Buzzard in Support re: #393 MOTION for Order to Show Cause .. Document filed by Pavle Zivkovic. (Attachments: #1 Exhibit A (VATP Operating Agreement), #2 Exhibit B (OGR Operating Agreement), #3 Exhibit C (OGR Assignment Agreement), #4 Exhibit D (Kalayjian 5.25 Dep.), #5 Exhibit E (Kalayjian 2.8 Dep.), #6 Exhibit F (Weiner LLC Subpoena)).(Buzzard, Lucas)
June 23, 2023 Opinion or Order Filing 414 REPLY re: #410 Response to Motion . Document filed by Pavle Zivkovic..(Buzzard, Lucas)
June 22, 2023 Opinion or Order Filing 413 DECLARATION of Lucas C. Buzzard in Support re: #411 MOTION for Entry of Judgment under Rule 54(b) .. Document filed by Pavle Zivkovic. (Attachments: #1 Exhibit 1 - June 22, 2022 Judgment, #2 Exhibit 2 - May 10, 2023 Order, #3 Exhibit 3 - Ghatanfard Deposition Excerpts, #4 Exhibit 4 - Ghatanfard Tax Form 1040, #5 Exhibit 5 - Deposit & Check, #6 Exhibit 6 - Appraisal Excerpts, #7 Exhibit 7 - Jan. 2022 Bank Account Statement, #8 Exhibit 8 - Withdrawal & Check, #9 Exhibit 9 - Kalayjian Deposition Excerpts, #10 Exhibit 10 - Proposed Judgment).(Buzzard, Lucas)
June 22, 2023 Opinion or Order Filing 412 MEMORANDUM OF LAW in Support re: #411 MOTION for Entry of Judgment under Rule 54(b) . . Document filed by Pavle Zivkovic..(Buzzard, Lucas)
June 22, 2023 Opinion or Order Filing 411 MOTION for Entry of Judgment under Rule 54(b) . Document filed by Pavle Zivkovic..(Buzzard, Lucas)
June 20, 2023 Opinion or Order Filing 410 RESPONSE to Motion re: #393 MOTION for Order to Show Cause . Declaration of Fred L. Seeman, Esq., in Response to Plaintiff's Order to Show Cause. Document filed by Rosey Kalayjian..(Seeman, Fred)
June 20, 2023 Opinion or Order Filing 409 ORDER. Non-party Rosey Kalayjian has filed a motion to quash. Dkt. No. 405. Plaintiff's opposition is due on or before June 30, 2023; Ms. Kalayjian's reply, if any, is due within 7 days after service of plaintiff's opposition. (HEREBY ORDERED by Judge Gregory H. Woods) (Text Only Order) (wv)
June 16, 2023 Opinion or Order Filing 408 FIRST MEMORANDUM OF LAW in Support re: #405 FIRST MOTION to Quash Subpoena Duces Tecum served upon Patriot Bank N.A. . . Document filed by Rosey Kalayjian..(Seeman, Fred)
June 16, 2023 Opinion or Order Filing 407 DECLARATION of Rosey Kalayjian in Support re: #405 FIRST MOTION to Quash Subpoena Duces Tecum served upon Patriot Bank N.A. .. Document filed by Rosey Kalayjian..(Seeman, Fred)
June 16, 2023 Opinion or Order Filing 406 DECLARATION of Fred L. Seeman, Esq in Support re: #405 FIRST MOTION to Quash Subpoena Duces Tecum served upon Patriot Bank N.A. .. Document filed by Rosey Kalayjian. (Attachments: #1 Exhibit Exhibit A - June 5, 2023 Subpoena served upon Patriot Bank, #2 Exhibit Exhibit B - March 13, 2023 Subpoena served upon Patriot Bank, #3 Exhibit Exhibit C - May 1, 2023 Subpoena served upon Patriot Bank, #4 Exhibit Exhibit D - Subpoena served upon Citibank).(Seeman, Fred)
June 16, 2023 Opinion or Order Filing 405 FIRST MOTION to Quash Subpoena Duces Tecum served upon Patriot Bank N.A. . Document filed by Rosey Kalayjian..(Seeman, Fred)
June 16, 2023 Opinion or Order Filing 404 ORDER denying #403 . Plaintiff's request for leave to file a motion for entry of a partial judgment under Rule 54(b), Dkt. No. 402, is granted. The deadline for Plaintiff to file and serve his motion for entry of a partial judgment under Rule 54(b) is June 22, 2023. Defendants' opposition is due within seven days after service of Plaintiff's motion; Plaintiff's reply, if any, is due within seven days after service of Defendants' opposition. Both parties' briefs must address whether the Court has the authority to rule on Plaintiff's application notwithstanding Defendants' pending appeal. Because resolution of Plaintiff's motion may affect the framing of Defendants' proposed motion to stay judgment enforcement efforts, see Dkt. No. 399, the Court will defer setting a briefing schedule on Defendants' proposed motion until after the Court has resolved Plaintiff's Rule 54(b) motion. Although filed as a letter motion for a conference, Defendants' June 15, 2023 letter, Dkt. No. 403, does not request a conference but instead responds to Plaintiff's June 14, 2023 letter. Defendants' letter motion for a conference, Dkt. No. 403, is therefore denied. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (wv)
June 15, 2023 Opinion or Order Filing 403 LETTER MOTION for Conference addressed to Judge Gregory H. Woods from Leonard I. Spielberg, Esq. dated June 15, 2023. Document filed by David Ghatanfard, Laura Christy LLC, Laura Christy Midtown LLC, Genco Luca..(Comer, Neal)
June 14, 2023 Opinion or Order Filing 402 LETTER addressed to Judge Gregory H. Woods from Lucas C. Buzzard dated June 14, 2023 re: Defendants' June 13 Letter & Entry of Partial Judgment per Rule 54(b). Document filed by Pavle Zivkovic..(Buzzard, Lucas)
June 13, 2023 Opinion or Order Filing 401 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 5/10/2023 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly)
June 13, 2023 Opinion or Order Filing 400 TRANSCRIPT of Proceedings re: CONFERENCE held on 5/10/2023 before Judge Gregory H. Woods. Court Reporter/Transcriber: Sonya Ketter Moore, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/5/2023. Redacted Transcript Deadline set for 7/14/2023. Release of Transcript Restriction set for 9/11/2023..(McGuirk, Kelly)
June 13, 2023 Opinion or Order Filing 399 LETTER addressed to Judge Gregory H. Woods from Leonard Spielberg dated June 13, 2023 re: Zivkovic v Laura Christy. Document filed by Laura Christy Midtown LLC..(Spielberg, Leonard)
June 8, 2023 Opinion or Order Filing 398 MEMO ENDORSEMENT on re: #396 Letter filed by Pavle Zivkovic. ENDORSEMENT: The Court thanks the parties for their joint submission. Defendants' request for an indicative ruling is denied without prejudice. If Defendants wish to request an indicative ruling, they must file an appropriate motion and supporting papers consistent with Local Civil Rule 7.1. Any such motion must be filed no later than June 29, 2023. ( Motions due by 6/29/2023.) (Signed by Judge Gregory H. Woods on 6/8/2023) (rro)
June 8, 2023 Opinion or Order Filing 397 ORDER TO SHOW CAUSE WHY WEINER LLC SHOULD NOT BE ORDERED TO COMPLY WITH RULE 45 SUBPOENA: Upon the memorandum of law of Plaintiff, the declaration of Josef Nussbaum and the supporting documents attached thereto, and upon the copy of the subpoena issued to Weiner LLC on May 16, 2023 annexed hereto, Plaintiff's motion for an order to show cause is GRANTED, and it is ORDERED that Weiner LLC shall file a written response to Plaintiff's application for an order to show cause of no more than 5 pages by no later than June 20, 2023; Plaintiff shall file a reply thereto of no more than 5 pages by no later than June 23, 2023; it is further ORDERED that Respondent Weiner LLC shall show cause before the Honorable Gregory H. Woods, in Room 12C of the United States District Court for the Southern District of New York, Daniel Patrick Monynihan U.S. Courthouse at 500 Pearl Street, New York, NY, on June 30, 2023, at 2:00 p.m, or as soon thereafter as counsel may be heard, why an order should not be issued pursuant to Rule 45(g) of the Federal Rules of Civil Procedure requiring compliance with the subpoena issued by Plaintiff/Judgment-Creditor on May 16, 2023 (Exhibit D to the Nussbaum Declaration); and it is further ORDERED that service of a copy of this order and annexed affidavit, supporting documents, and papers upon Respondent in a manner consistent with Federal Rule of Civil Procedure 4, on or before June 12, 2023, shall be deemed proper and sufficient service thereof. Plaintiff shall, in addition, effect service by electronically serving the aforementioned documents on counsel for Weiner LLC. The Clerk of Court is directed to terminate the motion pending at Dkt. No. 393. ( Show Cause Hearing set for 6/30/2023 at 02:00 PM in Courtroom 12C, 500 Pearl Street, New York, NY 10007 before Judge Gregory H. Woods., Show Cause Response due by 6/20/2023.), ( Show Cause Hearing set for 6/30/2023 at 02:00 PM in Courtroom 12C, 500 Pearl Street, New York, NY 10007 before Judge Gregory H. Woods., Show Cause Response due by 6/20/2023., Replies due by 6/23/2023.), Motions terminated: #393 MOTION for Order to Show Cause . filed by Pavle Zivkovic. (Signed by Judge Gregory H. Woods on 6/7/2023) (rro)
June 7, 2023 Opinion or Order Filing 396 JOINT LETTER addressed to Judge Gregory H. Woods from Lucas C. Buzzard dated June 7, 2023 re: Court's Orders Dated May 10 & May 25 (ECF Nos. 381, 390, 391). Document filed by Pavle Zivkovic..(Buzzard, Lucas)
June 6, 2023 Opinion or Order Filing 395 DECLARATION of Josef Nussbaum in Support re: #393 MOTION for Order to Show Cause .. Document filed by Pavle Zivkovic. (Attachments: #1 Exhibit A (Valbella at the Park operating agreement), #2 Exhibit B (Oak Grove Road LLC operating agreement), #3 Exhibit C (Kalayjian deposition excerpts), #4 Exhibit D (Weiner LLC subpoena), #5 Exhibit E (proposed order to show cause)).(Nussbaum, Yosef)
June 6, 2023 Opinion or Order Filing 394 MEMORANDUM OF LAW in Support re: #393 MOTION for Order to Show Cause . . Document filed by Pavle Zivkovic..(Nussbaum, Yosef)
June 6, 2023 Opinion or Order Filing 393 MOTION for Order to Show Cause . Document filed by Pavle Zivkovic..(Nussbaum, Yosef)
June 6, 2023 Opinion or Order Filing 392 PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document filed by Pavle Zivkovic..(Nussbaum, Yosef) Proposed Order to Show Cause to be reviewed by Clerk's Office staff.
June 6, 2023 Opinion or Order ***NOTICE TO COURT REGARDING PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document No. #392 Proposed Order to Show Cause Without Emergency Relief was reviewed and approved as to form. (nd)
May 25, 2023 Opinion or Order Filing 391 ORDER granting #389 Letter Motion for Extension of Time. Application granted. The deadline for the parties to inform the Court how they intend to proceed in light of the Court's rulings on remittitur and on the discrimination claims against Mr. Ghatanfard is extended to June 7, 2023. The Clerk of Court is directed to terminate the motion pending at Dkt. No. 389. SO ORDERED. (Signed by Judge Gregory H. Woods on 5/25/2023) (tg)
May 25, 2023 Opinion or Order Filing 390 ORDER. As discussed during the May 24, 2023 conference, if any party believes the Court may take further action in this case notwithstanding the notices of appeal, the Court invites such party to submit briefing regarding the effect of the notices of appeal on this Court's jurisdiction and the scope of this Court's jurisdiction to take any further action. Any such submissions should be filed on or before June 9, 2023. (HEREBY ORDERED by Judge Gregory H. Woods) (Text Only Order) (wv)
May 24, 2023 Opinion or Order Filing 389 LETTER MOTION for Extension of Time addressed to Judge Gregory H. Woods from Josef Nussbaum dated May 24, 2023. Document filed by Pavle Zivkovic..(Nussbaum, Yosef)
May 24, 2023 Opinion or Order Minute Entry for proceedings held before Judge Gregory H. Woods: Telephone Conference held on 5/24/2023. (Court Reporter present) (wv)
May 22, 2023 Opinion or Order Filing 388 LETTER addressed to Judge Gregory H. Woods from Lucas C. Buzzard dated May 22, 2023 re: Defendants' Letter Dated May 16 (ECF No. 386). Document filed by Pavle Zivkovic..(Buzzard, Lucas)
May 17, 2023 Opinion or Order Filing 387 ORDER. The Court will hold a status conference with respect to this matter by telephone on May 24, 2023, at 4:00 p.m. The parties are directed to the Court's Individual Rules of Practice in Civil Cases, which are available on the Court's website. Rule 2 of the Court's Individual Rules contains the dial-in number for the conference and other relevant instructions. The parties are specifically directed to comply with Rule 2(B) of the Court's Individual Rules. (HEREBY ORDERED by Judge Gregory H. Woods) (Text Only Order) (wv)
May 16, 2023 Opinion or Order Filing 386 FIRST LETTER MOTION to Reopen sever remaining case addressed to Judge Gregory H. Woods from Neal S. Comer dated May 16, 2023. Document filed by David Ghatanfard, Laura Christy Midtown LLC..(Comer, Neal)
May 15, 2023 Opinion or Order Filing 385 AMENDED NOTICE OF APPEAL re: #383 Notice of Appeal, #381 Order on Motion for New Trial, Order on Motion to Dismiss/Lack of Jurisdiction,,,,,,,,,,,,,,,,,,, #324 Judgment,,,,,,,,,. Document filed by David Ghatanfard, Laura Christy Midtown LLC, Genco Luca. (Attachments: #1 Exhibit Exhibit A - Judgment, #2 Exhibit Exhibit B - Order).(Alter, Daniel)
May 15, 2023 Opinion or Order Filing 384 FILING ERROR - DEFICIENT DOCKET ENTRY - AMENDED NOTICE OF APPEAL re: #383 Notice of Appeal,. Document filed by David Ghatanfard, Laura Christy Midtown LLC, Genco Luca. (Attachments: #1 Exhibit Exhibit A - Judgment, #2 Exhibit Exhibit B - Order).(Alter, Daniel) Modified on 5/15/2023 (tp).
May 15, 2023 Opinion or Order Filing 383 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - AMENDED NOTICE OF APPEAL. Document filed by Laura Christy Midtown LLC. Filing fee $ 505.00, receipt number ANYSDC-27737917. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Attachments: #1 Exhibit Exhibit A - Judgment, #2 Exhibit Exhibit B - Order).(Alter, Daniel) Modified on 5/15/2023 (tp).
May 15, 2023 Opinion or Order ***NOTICE TO ATTORNEY REGARDING DEFICIENT APPEAL. Notice to attorney Daniel Alter to RE-FILE Document No. #383 Notice of Appeal. The filing is deficient for the following reason(s): the wrong event type was used to file the appeal. Re-file the appeal using the event type Amended Notice of Appeal found under the event list Appeal Documents - attach the correct signed PDF - select the correct named filer/filers - select the correct order/judgment being appealed. (tp)
May 15, 2023 Opinion or Order Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #385 Amended Notice of Appeal, filed by Genco Luca, David Ghatanfard, Laura Christy Midtown LLC were transmitted to the U.S. Court of Appeals. (tp)
May 15, 2023 Opinion or Order Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #385 Amended Notice of Appeal. (tp)
May 11, 2023 Opinion or Order Filing 382 ORDER of USCA (Certified Copy) as to #332 Notice of Appeal, filed by Genco Luca, Laura Christy LLC, David Ghatanfard, Laura Christy Midtown LLC. USCA Case Number 22-1558. On July 22, 2022, the Court issued a notice pursuant to Fed. R. App. P. 4(a)(4), staying this appeal due to a pending motion in the district court. The district court having determined the motion in an order dated May 10, 2023, IT IS ORDERED that the stay of this appeal is hereby lifted. Appellants must file their Acknowledgment and Notice of Appearance form and Forms C and D within 14 days of the date of this order. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 05/11/2023..(nd)
May 10, 2023 Opinion or Order Minute Entry for proceedings held before Judge Gregory H. Woods: Telephone Conference held on 5/10/2023. (Court Reporter present) (wv)
May 10, 2023 Opinion or Order Filing 381 ORDER granting in part and denying in part #327 Motion for New Trial; granting in part and denying in part #327 Motion to Dismiss for Lack of Jurisdiction; granting in part and denying in part #327 Motion to Dismiss. For the reasons stated on the record during the May 10, 2023 conference in this case, Defendants' motion for a new trial, Dkt. No. 327, is GRANTED IN PART AND DENIED IN PART. The motion for a new trial is denied with respect to the complaints regarding the sufficiency of the evidence. The motion for a new trial is granted, however, with respect to the claim for discrimination against Mr. Ghatanfard. The Court grants the motion for remittitur with respect to the punitive damages award against Laura Christy Midtown, LLC ("Valbella Midtown"). The Court will order a new trial with respect to that issue unless, within fourteen (14) days of this order's entry, Plaintiffs file a written stipulation to reduce that amount to $10,000, a 1:4 ratio to the compensatory damages awarded. Defendants' motion to now, after judgment has been entered, dismiss the discrimination claims on the basis that the Court lacks supplemental jurisdiction, is denied. It is further ordered that the parties file a joint letter within fourteen (14) days of this orders entry setting forth how the parties propose to proceed in light of this Court's rulings on remittitur and on the discrimination claim against Mr. Ghatanfard. The Clerk of Court is directed to terminate the motion pending at Dkt. No. 327. SO ORDERED. (Signed by Judge Gregory H. Woods on 5/10/2023) (jca)
May 9, 2023 Opinion or Order Filing 380 NOTICE OF APPEARANCE by Marc David Braverman on behalf of Laura Christy LLC..(Braverman, Marc)
May 5, 2023 Opinion or Order Filing 379 ORDER. The Court will hold a conference with respect to this matter by telephone on Wednesday, May 10, 2023, at 10:30 a.m. The parties are directed to the Court's Individual Rules of Practice in Civil Cases, which are available on the Court's website. Rule 2 of the Court's Individual Rules contains the dial-in number for the conference and other relevant instructions. The parties are specifically directed to comply with Rule 2(B) of the Court's Individual Rules. (HEREBY ORDERED by Judge Gregory H. Woods) (Text Only Order) (wv)
May 2, 2023 Opinion or Order Filing 378 LETTER addressed to Judge Gregory H. Woods from Leonard Spielberg dated May 2, 2023 re: Zivkovic v Laura Christy. Document filed by Laura Christy Midtown LLC..(Spielberg, Leonard)
April 28, 2023 Opinion or Order Filing 377 LETTER addressed to Judge Gregory H. Woods from Lucas C. Buzzard dated April 28, 2023 re: Request to Consider Newly-Produced Evidence in Connection with Plaintiffs' Opposition to Non-Party Kalayjian's Motion to Quash (ECF Nos. 373 & 374). Document filed by Pavle Zivkovic. (Attachments: #1 Exhibit A (Newly Produced Patriot Bank Records)).(Buzzard, Lucas)
April 27, 2023 Opinion or Order Filing 376 SECOND MEMORANDUM OF LAW in Support re: #364 FIRST MOTION to Quash Subpoena Duces Tecum served upon Citibank N.A. by Rosey Kalayjian. . Document filed by Rosey Kalayjian..(Seeman, Fred)
April 27, 2023 Opinion or Order Filing 375 DECLARATION of Fred L. Seeman, Esq in Support re: #364 FIRST MOTION to Quash Subpoena Duces Tecum served upon Citibank N.A. by Rosey Kalayjian.. Document filed by Rosey Kalayjian. (Attachments: #1 Exhibit Exhibit B - Oak Grove Road LLC Operating Agreement and Amendment).(Seeman, Fred)
April 20, 2023 Opinion or Order Filing 374 DECLARATION of Lucas C. Buzzard in Opposition re: #364 FIRST MOTION to Quash Subpoena Duces Tecum served upon Citibank N.A. by Rosey Kalayjian.. Document filed by Pavle Zivkovic. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18).(Buzzard, Lucas)
April 20, 2023 Opinion or Order Filing 373 MEMORANDUM OF LAW in Opposition re: #364 FIRST MOTION to Quash Subpoena Duces Tecum served upon Citibank N.A. by Rosey Kalayjian. . Document filed by Pavle Zivkovic..(Buzzard, Lucas)
April 18, 2023 Opinion or Order Filing 372 ORDER granting #371 Letter Motion for Leave to File Document. Application granted. Plaintiffs may file their request for an order to show cause. The Clerk of Court is directed to terminate the motion pending at Dkt. No. 371. (Signed by Judge Gregory H. Woods on 4/18/2023) (rro)
April 17, 2023 Opinion or Order Filing 371 LETTER MOTION for Leave to File Request for Order to Show Cause Why Non-Parties Should not be Compelled to Respond to Post-Judgment Subpoenas addressed to Judge Gregory H. Woods from Lucas C. Buzzard dated April 17, 2023. Document filed by Pavle Zivkovic..(Buzzard, Lucas)
April 5, 2023 Opinion or Order Filing 370 ORDER granting #369 Letter Motion for Extension of Time. Application granted. Plaintiff's opposition is due no later than April 20, 2023. Ms. Kalayjian's reply, if any, is due within seven days of service of plaintiff's opposition. The Clerk of Court is directed to terminate the motion pending at Dkt. No. 369. SO ORDERED. (Signed by Judge Gregory H. Woods on 4/5/2023) (tg)
April 5, 2023 Opinion or Order Filing 369 LETTER MOTION for Extension of Time to Oppose Motion to Quash addressed to Judge Gregory H. Woods from Josef Nussbaum dated April 5, 2023. Document filed by Pavle Zivkovic..(Nussbaum, Yosef)
April 5, 2023 Opinion or Order Set/Reset Deadlines: Responses due by 4/20/2023 (tg)
April 3, 2023 Opinion or Order Filing 368 ORDER. Non-party Rosey Kalayjian has filed a motion to quash. Dkt. No. 364. Plaintiff's opposition is due on or before April 13, 2023; Ms. Kalayjian's reply, if any, is due within 7 days after service of plaintiff's opposition. (HEREBY ORDERED by Judge Gregory H. Woods) (Text Only Order) (wv)
March 30, 2023 Opinion or Order Filing 367 MEMORANDUM OF LAW in Support re: #364 FIRST MOTION to Quash Subpoena Duces Tecum served upon Citibank N.A. by Rosey Kalayjian. . Document filed by Rosey Kalayjian..(Seeman, Fred)
March 30, 2023 Opinion or Order Filing 366 DECLARATION of Rosey Kalayjian in Support re: #364 FIRST MOTION to Quash Subpoena Duces Tecum served upon Citibank N.A. by Rosey Kalayjian.. Document filed by Rosey Kalayjian..(Seeman, Fred)
March 30, 2023 Opinion or Order Filing 365 DECLARATION of Fred L. Seeman, Esq in Support re: #364 FIRST MOTION to Quash Subpoena Duces Tecum served upon Citibank N.A. by Rosey Kalayjian.. Document filed by Rosey Kalayjian. (Attachments: #1 Exhibit Subpoena Duces Tecum).(Seeman, Fred)
March 30, 2023 Opinion or Order Filing 364 FIRST MOTION to Quash Subpoena Duces Tecum served upon Citibank N.A. by Rosey Kalayjian. Document filed by Rosey Kalayjian..(Seeman, Fred)
March 30, 2023 Opinion or Order Filing 363 NOTICE OF APPEARANCE by Fred L. Seeman on behalf of Rosey Kalayjian..(Seeman, Fred)
March 13, 2023 Opinion or Order Filing 362 ORDER. As discussed at the March 10, 2023 conference, the Court orders the parties to meet and confer no later than March 17, 2023, regarding the issues raised in Plaintiffs' pre-motion conference letter, Dkt. No. 352. If any such issues are not resolved by the parties by March 17, 2023, Plaintiffs may then submit an application for an order to show cause. (HEREBY ORDERED by Judge Gregory H. Woods) (Text Only Order) (wv)
March 10, 2023 Opinion or Order Minute Entry for proceedings held before Judge Gregory H. Woods: Telephone Conference held on 3/10/2023. (Court Reporter present) (wv)
March 7, 2023 Opinion or Order 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)
March 6, 2023 Opinion or Order Filing 360 JOINT LETTER addressed to Judge Gregory H. Woods from Plaintiffs & Non-Party Milton J. Pirsos dated March 6, 2023 re: Order to Show Cause concerning subpoena directed at Milton J. Pirsos. Document filed by Pavle Zivkovic..(Buzzard, Lucas)
March 3, 2023 Opinion or Order Filing 359 ORDER granting #352 . Plaintiffs' request for a pre-motion conference is granted. The Court will hold a teleconference regarding plaintiffs' proposed motions to compel and to hold Ghatanfard and Valbella Midtown in contempt on March 10, 2023, at 4:00 p.m. The parties are directed to the Court's Individual Rules of Practice in Civil Cases, which are available on the Court's website. Rule 2 of the Court's Individual Rules contains the dial-in number for the conference and other relevant instructions. The parties are specifically directed to comply with Rule 2(B) of the Court's Individual Rules. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (wv)
March 3, 2023 Opinion or Order Filing 358 ORDER granting #349 Motion for Order to Show Cause. On February 17, 2023, Plaintiff filed a motion for order to show cause (the "Motion"). Dkt. No. 349. The Court GRANTS the Motion and notes that it previously issued the requested order to show cause on February 17, 2023. Dkt. No. 353. The Clerk of Court is instructed to terminate the motion pending at Dkt. No. 349. SO ORDERED. (Signed by Judge Gregory H. Woods on 3/3/2023) (va)
March 2, 2023 Opinion or Order Filing 357 LETTER addressed to Judge Gregory H. Woods from Lucas C. Buzzard dated March 2, 2023 re: Defendants' failure to respond to Plaintiffs' February 17 pre-motion letter. Document filed by Pavle Zivkovic..(Buzzard, Lucas)
March 1, 2023 Opinion or Order Filing 356 MEMORANDUM OF LAW in Opposition re: #349 MOTION for Order to Show Cause why Milton J. Pirsos, CPA should not be ordered to comply with a Rule 45 Subpoena. . Document filed by Milton J Pirsos, CPA..(Lentinello, John)
March 1, 2023 Opinion or Order Filing 355 DECLARATION of John A Lentinello in Opposition re: #349 MOTION for Order to Show Cause why Milton J. Pirsos, CPA should not be ordered to comply with a Rule 45 Subpoena.. Document filed by Milton J Pirsos, CPA. (Attachments: #1 Exhibit Subpoena, #2 Exhibit Excerpts from testimony 6.25.18, #3 Exhibit Subpoena Response Letter).(Lentinello, John)
February 27, 2023 Opinion or Order Filing 354 NOTICE OF APPEARANCE by John Anthony Lentinello on behalf of Milton J Pirsos, CPA..(Lentinello, John)
February 17, 2023 Opinion or Order Filing 353 ORDER TO SHOW CAUSE WHY MILTON J. PIRSOS SHOULD NOT BE ORDERED TO COMPLY WITH RULE 45SUBPOENA: Upon the memorandum of law of Plaintiff-Judgment-Creditor Pavle Zivkovic, the declaration of Josef Nussbaum and the supporting documents attached thereto, and upon the copy of the subpoena issued to Milton J. Pirsos, CPA on November 28, 2022, it is ORDERED that Respondent Milton J. Pirsos, CPA, shall file a written response to Plaintiff-Judgment-Creditor's application for an order to show cause of no more than 5 pages by no later than March 3, 2023; Plaintiff-Judgment-Creditor shall file a reply thereto of no more than 5 pages by no later than March 8, 2023; it is furtherORDERED that Respondent Milton J. Pirsos, CPA shall show cause before the Honorable Gregory H. Woods, in Room 12C of the United States District Court for the Southern District of New York, Daniel Patrick Monynihan U.S. Courthouse at 500 Pearl Street, New York, NY, on March 13, 2023, at 4:30 p.m., or as soon thereafter as counsel may be heard, why an order should not be issued pursuant to Rule 45(g) of the Federal Rules of Civil Procedure requiring compliance with the subpoena issued by Plaintiff-Judgment-Creditor on November 28, 2022 (Exhibit C to the Nussbaum Declaration); and it is further ORDERED that ce1tified mail service of a copy of this order and annexed affidavit, supporting documents, and papers upon Respondent at 3119 Newtown Ave, Astoria,NY 11102, which is Respondent's business address, on or before Febma1y 22, 2023 shall bedeemed proper and sufficient service thereof. Plaintiff-Judgment-Creditor shall, inaddition, effect service by electronically serving the aforementioned documents on counsel for Respondent Milton J. Pirsos, CPA. Show Cause Hearing set for 3/13/2023 at 04:30 PM in Courtroom 12C, 500 Pearl Street, New York, NY 10007 before Judge Gregory H. Woods. (Signed by Judge Gregory H. Woods on 2/17/2023) (rro)
February 17, 2023 Opinion or Order Filing 352 LETTER MOTION for Conference on Plaintiffs' Anticipated Motion to Enforce Subpoenas and Hold Defendants Ghatanfard and Laura Christy Midtown LLC in Contempt addressed to Judge Gregory H. Woods from Lucas C. Buzzard dated February 17, 2023. Document filed by Pavle Zivkovic. (Attachments: #1 Exhibit A (Ghatanfard Restraining Notice & Info. Subpoena), #2 Exhibit B (Midtown Restraining Notice & Info. Subpoena), #3 Exhibit C (Meatpacking Restraining Notice & Info. Subpoena), #4 Exhibit D (Ghatanfard Responses), #5 Exhibit E (Midtown Responses), #6 Exhibit F (Meatpacking Responses), #7 Exhibit G (Subpoean Duces Tecum to Ghatanfard)).(Buzzard, Lucas)
February 17, 2023 Opinion or Order Filing 351 DECLARATION of Josef Nussbaum in Support re: #349 MOTION for Order to Show Cause why Milton J. Pirsos, CPA should not be ordered to comply with a Rule 45 Subpoena.. Document filed by Pavle Zivkovic. (Attachments: #1 Exhibit A (November 4 Subpoena), #2 Exhibit B (November 28 Subpoena), #3 Exhibit C (December 12 Letter), #4 Exhibit D (Proposed Order to Show Cause)).(Buzzard, Lucas)
February 17, 2023 Opinion or Order Filing 350 MEMORANDUM OF LAW in Support re: #349 MOTION for Order to Show Cause why Milton J. Pirsos, CPA should not be ordered to comply with a Rule 45 Subpoena. . Document filed by Pavle Zivkovic..(Buzzard, Lucas)
February 17, 2023 Opinion or Order Filing 349 MOTION for Order to Show Cause why Milton J. Pirsos, CPA should not be ordered to comply with a Rule 45 Subpoena. Document filed by Pavle Zivkovic..(Buzzard, Lucas)
January 19, 2023 Opinion or Order 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)
January 18, 2023 Opinion or Order Filing 347 LETTER MOTION for Discovery addressed to Judge Gregory H. Woods from Josef Nussbaum dated January 18, 2023. Document filed by Pavle Zivkovic. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C).(Nussbaum, Yosef)
December 15, 2022 Opinion or Order 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 subpoena 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)
December 14, 2022 Opinion or Order Filing 345 LETTER MOTION for Discovery (for Court to "So Order" proposed Subpoena) addressed to Judge Gregory H. Woods from Josef Nussbaum dated December 14, 2022. Document filed by Pavle Zivkovic. (Attachments: #1 Exhibit A).(Nussbaum, Yosef)
August 17, 2022 Opinion or Order Filing 344 PROPOSED ABSTRACT OF JUDGMENT. Filing fee $ 11.00, receipt number ANYSDC-26560797. Abstract of Judgment to be Mailed by the Court. Document filed by Pavle Zivkovic. (Attachments: #1 Exhibit A (list of judgment-creditors)) Document Number of Related Judgment: #324 ..(Nussbaum, Yosef) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).
August 17, 2022 Opinion or Order ABSTRACT OF JUDGMENT ISSUED on August 17, 2022, in favor of Pavle Zivkovic and Subclass Members listed in exhibit A, and against Laura Christy LLC, Laura Christy Midtown LLC and David Ghatanfard, jointly and severally in the amount of $5,092,017.85. Abstract of Judgment mailed by the Court.(km)
August 16, 2022 Opinion or Order Abstract of Judgment Fee Due: for #342 Proposed Abstract of Judgment. (tp)
August 16, 2022 Opinion or Order ABSTRACT OF JUDGMENT ISSUED on August 16, 2022 in favor of Plaintiffs counsel, Joseph & Kirschenbaum LLP, and against Defendants in the amounts of: Laura Christy Midtown LLC $452,500.00; David Ghatanfard $202,500.00; Genco Luca $25,000.00; and Genco Luca, David Ghatanfard, and Laura Christy Midtown LLC, jointly and severally $7,060. Abstract of Judgment to be Mailed by the Court.(tp)
August 16, 2022 Opinion or Order ***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED ABSTRACT OF JUDGMENT: Notice to Attorney Yosef Nussbaum re: Document No. #342 Proposed Abstract of Judgment. The filing is deficient for the following reason(s): the filing fee for the proposed abstract of judgment was not paid. Pay the filing fee using the event Abstract of Judgment Fee Payment found under the event list Other Documents. (tp)
August 15, 2022 Opinion or Order Filing 343 PROPOSED STIPULATION AND ORDER. Document filed by Pavle Zivkovic. (Attachments: #1 Exhibit A (Information Subpoenas and Restraining Notices)).(Nussbaum, Yosef)
August 15, 2022 Opinion or Order Filing 342 FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED ABSTRACT OF JUDGMENT. Abstract of Judgment to be Mailed by the Court. Document filed by Pavle Zivkovic. (Attachments: #1 Exhibit A (list of class members)) Document Number of Related Judgment: #324 ..(Nussbaum, Yosef) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 8/16/2022 (tp).
August 15, 2022 Opinion or Order Filing 341 PROPOSED ABSTRACT OF JUDGMENT. Abstract of Judgment to be Mailed by the Court. Document filed by Pavle Zivkovic. Document Number of Related Judgment: #324 ..(Nussbaum, Yosef) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers).
August 15, 2022 Opinion or Order Filing 340 REPLY MEMORANDUM OF LAW in Support re: #327 FIRST MOTION for New Trial FRCP Rule 59. MOTION to Dismiss for Lack of Jurisdiction Subject matter as to LUCA.FIRST MOTION to Dismiss . . Document filed by Laura Christy LLC..(Bianco, Maria Louisa)
August 3, 2022 Opinion or Order Filing 339 ORDER granting #338 . Defendants' request for an extension of time to file a reply in support of Defendants' motion for a new trial is granted. The deadline for Defendants to file the reply is extended to August 15, 2022. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (wv)
August 2, 2022 Opinion or Order Filing 338 LETTER MOTION for Extension of Time to File Response/Reply in Support of Motion for New Trial addressed to Judge Gregory H. Woods from Maria Louisa Bianco dated August 2, 2022. Document filed by Laura Christy LLC..(Bianco, Maria Louisa)
August 1, 2022 Opinion or Order Filing 337 DECLARATION of Lucas C. Buzzard in Opposition re: #327 FIRST MOTION for New Trial FRCP Rule 59. MOTION to Dismiss for Lack of Jurisdiction Subject matter as to LUCA.FIRST MOTION to Dismiss .. Document filed by Pavle Zivkovic. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13).(Buzzard, Lucas)
August 1, 2022 Opinion or Order Filing 336 MEMORANDUM OF LAW in Opposition re: #327 FIRST MOTION for New Trial FRCP Rule 59. MOTION to Dismiss for Lack of Jurisdiction Subject matter as to LUCA.FIRST MOTION to Dismiss . . Document filed by Pavle Zivkovic..(Buzzard, Lucas)
July 27, 2022 Opinion or Order ***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED ABSTRACT OF JUDGMENT: Notice to Attorney Yosef Nussbaum to RE-FILE Document No. #335 Proposed Abstract of Judgment, #334 Proposed Abstract of Judgment. The filing is deficient for the following reason(s): the proposed abstract of judgment does not list the addresses for all the party(ies) whom the judgment is against; the proposed abstract of judgment does not list the addresses for all the party(ies) whom the judgment is in favor; the filing fee for the proposed abstract of judgment was not paid; Re-file the document using the event type Proposed Abstract of Judgment found under the event list Proposed Orders - select the correct filer/filers - attach the correct PDF that lists the following - the correct name of the party(ies) the judgment is against, the correct name of the party(ies) the judgment is in favor of, the correct amount amount of the judgment, the name(s) and address(es) of the attorney(s) and the correct entry date of the judgment - pay the filing fee. (km)
July 25, 2022 Opinion or Order Filing 335 FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED ABSTRACT OF JUDGMENT. Abstract of Judgment to be Mailed by the Court. Document filed by Pavle Zivkovic. (Attachments: #1 Exhibit A (list of judgment-debtors)).(Nussbaum, Yosef) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 7/27/2022 (km).
July 25, 2022 Opinion or Order Filing 334 FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED ABSTRACT OF JUDGMENT. Abstract of Judgment to be Mailed by the Court. Document filed by Pavle Zivkovic..(Nussbaum, Yosef) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 7/27/2022 (km).
July 22, 2022 Opinion or Order Filing 333 INITIAL NOTICE OF STAY OF APPEAL re: #332 Notice of Appeal,. A notice of appeal was filed in this case on 07/19/2022. Since at least one motion cited in F.R.A.P. 4(a)(4) has been filed in the district court, this appeal is stayed pending resolution of the motion(s)..(nd)
July 22, 2022 Opinion or Order USCA Case Number 22-1558 from the U.S. Court of Appeals, 2nd Circ. assigned to #332 Notice of Appeal, filed by Genco Luca, Laura Christy LLC, David Ghatanfard, Laura Christy Midtown LLC..(nd)
July 19, 2022 Opinion or Order Filing 332 NOTICE OF APPEAL. Document filed by David Ghatanfard, Laura Christy LLC, Laura Christy Midtown LLC, Genco Luca. Filing fee $ 505.00, receipt number ANYSDC-26433504. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Attachments: #1 Errata Judgment).(Alter, Daniel)
July 19, 2022 Opinion or Order Filing 331 NOTICE OF APPEARANCE by Daniel Stuart Alter on behalf of David Ghatanfard, Laura Christy Midtown LLC, Genco Luca..(Alter, Daniel)
July 19, 2022 Opinion or Order Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: #332 Notice of Appeal. (tp)
July 19, 2022 Opinion or Order Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for #332 Notice of Appeal, filed by Genco Luca, Laura Christy LLC, David Ghatanfard, Laura Christy Midtown LLC were transmitted to the U.S. Court of Appeals. (tp)
July 11, 2022 Opinion or Order Filing 330 ORDER. The deadline for Plaintiffs to file and serve their opposition to Defendants' motion for a new trial, Dkt. No. 327, is August 1, 2022. Defendants' reply, if any, is due within seven days after service of Plaintiffs' opposition. (HEREBY ORDERED by Judge Gregory H. Woods) (Text Only Order) (wv)
July 8, 2022 Opinion or Order Filing 329 DECLARATION of Leonard Spielberg in Support re: #327 FIRST MOTION for New Trial FRCP Rule 59. MOTION to Dismiss for Lack of Jurisdiction Subject matter as to LUCA.FIRST MOTION to Dismiss .. Document filed by Laura Christy Midtown LLC..(Spielberg, Leonard)
July 8, 2022 Opinion or Order Filing 328 MEMORANDUM OF LAW in Support re: #327 FIRST MOTION for New Trial FRCP Rule 59. MOTION to Dismiss for Lack of Jurisdiction Subject matter as to LUCA.FIRST MOTION to Dismiss . . Document filed by Laura Christy Midtown LLC..(Spielberg, Leonard)
July 8, 2022 Opinion or Order Filing 327 FIRST MOTION for New Trial FRCP Rule 59.( Return Date set for 7/25/2022 at 09:30 AM.), MOTION to Dismiss for Lack of Jurisdiction Subject matter as to LUCA., FIRST MOTION to Dismiss .( Return Date set for 7/25/2022 at 09:30 AM., Responses due by 7/18/2022) Document filed by Laura Christy Midtown LLC..(Spielberg, Leonard)
July 6, 2022 Opinion or Order ***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED ABSTRACT OF JUDGMENT: Notice to Attorney Yosef Nussbaum to RE-FILE Document No. #326 Proposed Abstract of Judgment #325 Proposed Abstract of Judgment. The filing is deficient for the following reason(s): the proposed abstracts of judgment do not list the addresses of the parties whom judgment is in favor of and against. The document cannot be issued until 30 days after judgment has been entered, see Fed. R. Civ. P. 62. Re-file after 30 days from entry of judgment. When refiling, bypass paying the fee since it was already paid at docs. #325 & #326. Re-file the document using the event type Proposed Abstract of Judgment found under the event list Proposed Orders - select the correct filer/filers - attach the correct PDF that lists the following - the correct name of the party(ies) the judgment is against, the correct name of the party (ies) the judgment is in favor of, the correct amount amount of the judgment, the name(s) and address(es) of the attorney(s) and the correct entry date of the judgment. (km)
July 5, 2022 Opinion or Order Filing 326 FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED ABSTRACT OF JUDGMENT. Abstract of Judgment to be Mailed by the Court. Document filed by Pavle Zivkovic. (Attachments: #1 Exhibit A (list of subclass members)) Document Number of Related Judgment: #324 ..(Nussbaum, Yosef) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 7/6/2022 (km).
July 5, 2022 Opinion or Order Filing 325 FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED ABSTRACT OF JUDGMENT. Filing fee $ 11.00, receipt number ANYSDC-26369546. Abstract of Judgment to be Mailed by the Court. Document filed by Pavle Zivkovic. Document Number of Related Judgment: #324 ..(Nussbaum, Yosef) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 7/6/2022 (km).
June 22, 2022 Opinion or Order 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 $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 & Kirschenbaum 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 interest (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 rate 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)
June 21, 2022 Opinion or Order Filing 323 LETTER addressed to Judge Gregory H. Woods from Josef Nussbaum dated June 21, 2022 re: Proposed Judgment. Document filed by Pavle Zivkovic. (Attachments: #1 Exhibit Proposed Judgment).(Nussbaum, Yosef)
June 16, 2022 Opinion or Order Filing 322 ORDER granting #306 . For the reasons stated on the record during the conference held on June 15, 2022, the Court GRANTS in part and DENIES in part Plaintiffs motion for attorneys fees. Dkt. No. 306. The Court awards Plaintiffs counsel $561,948.50 in attorneys fees pursuant to the fee-shifting provisions of the New York Labor Law. The Court awards Plaintiffs counsel $20,200.57 in costs pursuant to that statute. The Court grants to Plaintiffs counsel an award of 33.3% of the common fund recovery for the class action, or $1,503,274.56. The Court awards lead plaintiffs Ricardo Sanchez, Fernando Marin, and Alejandra C. Rindon a representative fee of $5,000 each. The obligation to pay the aforementioned amounts is borne jointly and severally by Valbella Midtown, Valbella Meatpacking and David Ghatanfard. In addition, the Court awards counsel for Pavle Zivkovic $7,060 in attorneys fees pursuant to the New York City Human Rights Law. The obligation to pay this amount will be borne jointly and severally by Valbella Midtown, Ghatanfard, and Genco Luca. The Court denies without prejudice Plaintiff's request that the Court authorize up to $30,000 of the common fund to be used to retain a claims administrator. See Dkt. No. 307. As stated on the record during the conference held on June 15, 2022, Plaintiff is directed to promptly meet and confer with Defendants regarding the form of judgment and to file a revised form of judgment that includes the amounts awarded pursuant to this order. Plaintiff is also directed to promptly file a detailed proposed distribution plan addressing the concerns that the Court raised during the conference held on June 15, 2022. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (wv)
June 15, 2022 Opinion or Order Minute Entry for proceedings held before Judge Gregory H. Woods: Telephone Conference held on 6/15/2022. (Court Reporter present) (wv)
June 13, 2022 Opinion or Order Filing 321 DECLARATION of Lucas C. Buzzard in Support re: #306 MOTION for Attorney Fees and Costs.. Document filed by Pavle Zivkovic..(Buzzard, Lucas)
June 13, 2022 Opinion or Order Filing 320 SUPPLEMENTAL MEMORANDUM OF LAW in Support re: #306 MOTION for Attorney Fees and Costs. . Document filed by Pavle Zivkovic..(Buzzard, Lucas)
June 10, 2022 Opinion or Order Filing 319 ORDER. In Plaintiffs' motion for attorneys' fees, Dkt. No. 306, Plaintiffs' counsel requests that the Court order payment of the full amount of fees incurred over the course of the litigation pursuant to the fee shifting provisions of the New York Labor Law. As the parties are aware, claims other than wage and hour claims were litigated in this action: over 13% of the proposed judgment reflects recoveries with respect to claims other than wage and hour claims. Plaintiffs have not provided the Court with a basis to conclude the all of the attorneys' fees claimed are properly compensable under the New York Labor Law. Nor have they provided the Court a rational basis to determine the percentage of the fees claimed related to the wage and hour claims litigated in this case, if less than 100%. This question is germane both to the proper recovery under the New York Labor Law's fee shifting provisions, and to the determination of the lodestar for purposes of calculating any award that represents a percentage of the common fund, which the Court understands to exclude the recovery with respect to the individual claims of Plaintiff Zivkovic. Plaintiffs' counsel are directed to provide supplemental briefing and an affidavit with respect to these issues no later than 2:00 p.m. on June 13, 2022. Any response to those submissions is due no later than 2:00 p.m. on June 14, 2022. The conference scheduled to take place on June 13, 2022 at 3:00 p.m. is adjourned to June 15, 2022 at 4:00 p.m. The parties are directed to the Court's Emergency Rules in Light of COVID-19, which are available on the Court's website, for the dial-in number and other relevant instructions. The parties are specifically directed to comply with Rule 2(C) of the Court's Emergency Rules. (HEREBY ORDERED by Judge Gregory H. Woods) (Text Only Order) (Woods, Gregory)
June 9, 2022 Opinion or Order Filing 318 ORDER granting #317 Letter Motion to Adjourn Conference. Plaintiffs' application to adjourn the conference scheduled to take place on June 10, 2022 at 4:00 p.m. is granted. Dkt. No. 317. The conference is adjourned to 3:00 p.m. on June 13, 2022. The parties are directed to the Court's Emergency Rules in Light of COVID-19, which are available on the Court's website, for the dial-in number and other relevant instructions. The parties are specifically directed to comply with Rule 2(C) of the Court's Emergency Rules. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (Woods, Gregory)
June 9, 2022 Opinion or Order Filing 317 LETTER MOTION to Adjourn Conference addressed to Judge Gregory H. Woods from Josef Nussbaum dated June 9, 2022. Document filed by Pavle Zivkovic..(Nussbaum, Yosef)
June 8, 2022 Opinion or Order Filing 316 LETTER addressed to Judge Gregory H. Woods from Josef Nussbaum dated June 8, 2022 re: Judgment. Document filed by Pavle Zivkovic. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C).(Nussbaum, Yosef)
June 7, 2022 Opinion or Order Filing 315 ORDER. Defendants' application to adjourn the conference scheduled to take place on June 10, 2022 at 10:00 a.m. is granted. Dkt. No. 314. The conference is adjourned to 4:00 p.m. on June 10, 2022. The parties are directed to the Court's Emergency Rules in Light of COVID-19, which are available on the Court's website, for the dial-in number and other relevant instructions. The parties are specifically directed to comply with Rule 2(C) of the Court's Emergency Rules. (HEREBY ORDERED by Judge Gregory H. Woods) (Text Only Order) (Woods, Gregory)
June 7, 2022 Opinion or Order Filing 314 LETTER addressed to Judge Gregory H. Woods from Neal S. dated Neal S. Comer re: adjourn telephone conference. Document filed by David Ghatanfard, Genco Luca..(Comer, Neal)
June 7, 2022 Opinion or Order Filing 313 ORDER. The Court will hold a conference by telephone on June 10, 2022 at 10:00 a.m. to discuss, among other things, Plaintiffs' pending motion for attorneys' fees. The parties are directed to the Court's Emergency Rules in Light of COVID-19, which are available on the Court's website, for the dial-in number and other relevant instructions. The parties are specifically directed to comply with Rule 2(C) of the Court's Emergency Rules. (HEREBY ORDERED by Judge Gregory H. Woods) (Text Only Order) (Woods, Gregory)
June 2, 2022 Opinion or Order Filing 312 REPLY MEMORANDUM OF LAW in Support re: #306 MOTION for Attorney Fees and Costs. . Document filed by Pavle Zivkovic..(Nussbaum, Yosef)
May 26, 2022 Opinion or Order 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 calculation 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 amount 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, liquidated 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)
May 26, 2022 Opinion or Order Filing 310 MEMORANDUM OPINION & ORDER: For the reasons described above, and in my March 31, 2022 oral decision, the Court concluded that the Affirmative Defenses could not be raised in response to Plaintiffs' Minimum Wage Claims. The plain language of Section 198 and of the regulations make clear that these defenses apply only to violations of Section 195. (Signed by Judge Gregory H. Woods on 5/26/2022) (rro)
May 26, 2022 Opinion or Order Filing 309 DECLARATION of Maria Louisa Bianco in Opposition re: #306 MOTION for Attorney Fees and Costs.. Document filed by Laura Christy LLC..(Bianco, Maria Louisa)
May 13, 2022 Opinion or Order Filing 308 DECLARATION of Lucas C. Buzzard in Support re: #306 MOTION for Attorney Fees and Costs.. Document filed by Pavle Zivkovic. (Attachments: #1 Exhibit 1 - Attorney Time Records, #2 Exhibit 2 - Paralegal Time Records, #3 Exhibit 3 - Class Counsel Expenses, #4 Exhibit 4 - Valbella Meatpacking Class Notice, #5 Exhibit 5 - Valbella Midtown Class Notice, #6 Exhibit 6 - Pechman Declaration, #7 Exhibit 7 - Real Rate Report Excerpts, #8 Exhibit 8 - Lola v. Skadden Arps Transcript, #9 Exhibit 9 - Proposed Judgment).(Buzzard, Lucas)
May 13, 2022 Opinion or Order Filing 307 MEMORANDUM OF LAW in Support re: #306 MOTION for Attorney Fees and Costs. . Document filed by Pavle Zivkovic..(Buzzard, Lucas)
May 13, 2022 Opinion or Order Filing 306 MOTION for Attorney Fees and Costs. Document filed by Pavle Zivkovic..(Buzzard, Lucas)
May 6, 2022 Opinion or Order Filing 305 ORDER granting #304 Letter Motion for Extension of Time. Application granted. The deadline for Plaintiffs to submit their motion for attorneys' fees and costs is extended to May 13, 2022. Defendants' opposition is due within fourteen days after service of Plaintiffs' motion. Plaintiffs' reply, if any, is due within seven days after service of Defendants' opposition. The Clerk of Court is directed to terminate the motion pending at Dkt. No. 304. Motions due by 5/13/2022. (Signed by Judge Gregory H. Woods on 5/6/2022) (rro)
May 4, 2022 Opinion or Order Filing 304 LETTER MOTION for Extension of Time to File Motion for Attorneys' Fees addressed to Judge Gregory H. Woods from Josef Nussbaum dated May 4, 2022. Document filed by Pavle Zivkovic..(Nussbaum, Yosef)
April 21, 2022 Opinion or Order Filing 303 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 4/7/22 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(Moya, Goretti)
April 21, 2022 Opinion or Order Filing 302 TRANSCRIPT of Proceedings re: TRIAL held on 4/7/2022 before Judge Loretta A. Preska. Court Reporter/Transcriber: Steven Greenblum, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/12/2022. Redacted Transcript Deadline set for 5/23/2022. Release of Transcript Restriction set for 7/20/2022..(Moya, Goretti)
April 21, 2022 Opinion or Order Filing 301 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 4/11/22 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(Moya, Goretti)
April 21, 2022 Opinion or Order Filing 300 TRANSCRIPT of Proceedings re: TRIAL held on 4/11/2022 before Judge Gregory H. Woods. Court Reporter/Transcriber: Sharonda Jones, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/12/2022. Redacted Transcript Deadline set for 5/23/2022. Release of Transcript Restriction set for 7/20/2022..(Moya, Goretti)
April 21, 2022 Opinion or Order Filing 299 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 4/7/22 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(Moya, Goretti)
April 21, 2022 Opinion or Order Filing 298 TRANSCRIPT of Proceedings re: TRIAL held on 4/7/2022 before Judge Gregory H. Woods. Court Reporter/Transcriber: Sharonda Jones, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/12/2022. Redacted Transcript Deadline set for 5/23/2022. Release of Transcript Restriction set for 7/20/2022..(Moya, Goretti)
April 21, 2022 Opinion or Order Filing 297 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 4/6/22 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(Moya, Goretti)
April 21, 2022 Opinion or Order Filing 296 TRANSCRIPT of Proceedings re: TRIAL held on 4/6/2022 before Judge Gregory H. Woods. Court Reporter/Transcriber: Sharonda Jones, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/12/2022. Redacted Transcript Deadline set for 5/23/2022. Release of Transcript Restriction set for 7/20/2022..(Moya, Goretti)
April 21, 2022 Opinion or Order Filing 295 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 4/5/22 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(Moya, Goretti)
April 21, 2022 Opinion or Order Filing 294 TRANSCRIPT of Proceedings re: TRIAL held on 4/5/2022 before Judge Gregory H. Woods. Court Reporter/Transcriber: Sharonda Jones, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/12/2022. Redacted Transcript Deadline set for 5/23/2022. Release of Transcript Restriction set for 7/20/2022..(Moya, Goretti)
April 21, 2022 Opinion or Order Filing 293 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 4/4/22 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(Moya, Goretti)
April 21, 2022 Opinion or Order Filing 292 TRANSCRIPT of Proceedings re: TRIAL held on 4/4/2022 before Judge Gregory H. Woods. Court Reporter/Transcriber: Sharonda Jones, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/12/2022. Redacted Transcript Deadline set for 5/23/2022. Release of Transcript Restriction set for 7/20/2022..(Moya, Goretti)
April 21, 2022 Opinion or Order Filing 291 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 4/1/22 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(Moya, Goretti)
April 21, 2022 Opinion or Order Filing 290 TRANSCRIPT of Proceedings re: TRIAL held on 4/1/2022 before Judge Gregory H. Woods. Court Reporter/Transcriber: Sharonda Jones, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/12/2022. Redacted Transcript Deadline set for 5/23/2022. Release of Transcript Restriction set for 7/20/2022..(Moya, Goretti)
April 21, 2022 Opinion or Order Filing 289 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a TRIAL proceeding held on 3/31/22 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(Moya, Goretti)
April 21, 2022 Opinion or Order Filing 288 TRANSCRIPT of Proceedings re: TRIAL held on 3/31/2022 before Judge Gregory H. Woods. Court Reporter/Transcriber: Sharonda Jones, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/12/2022. Redacted Transcript Deadline set for 5/23/2022. Release of Transcript Restriction set for 7/20/2022..(Moya, Goretti)
April 20, 2022 Opinion or Order Filing 287 LETTER addressed to Judge Gregory H. Woods from Lucas C. Buzzard dated April 20, 2022 re: Proposed Calculation of Damages and Proposed Allocation Approach. Document filed by Pavle Zivkovic. (Attachments: #1 Exhibit A - Plaintiffs' Damages Calculations).(Buzzard, Lucas)
April 14, 2022 Opinion or Order Filing 286 ORDER denying #285 Letter Motion for Oral Argument. The motion is denied. As the Court noted at the close of the case: "Counsel pointed me to the Second Circuit's decision in the case that was litigated by the Troy law firm. This was not that case." Tr. 1191:5-7. To the extent not previously clear, this motion is denied. Counsel's oral motion was not persuasive. The Court observes that the parties agreed upon a method for calculating the damages in their March 17, 2022 letter to the Court. Dkt. No. 274. That stipulated methodology did not require expert testimony. The jury was entitled to, and did, find liability on a class wide basis, based on the evidence, which included the applicable time records, and the agreed-upon jury instructions. The testimonial evidence supporting the jury's decision included not only the testimony of witnesses that the jury determined to be representative based on the agreed-upon jury instructions, but the testimony of witnesses employed by Defendants regarding the Defendants' improper pay practices. Defendant Midtown's motion is denied. The Clerk of Court is directed to terminate the motion pending at Dkt. No. 285. SO ORDERED. (Signed by Judge Gregory H. Woods on 4/14/2022) (va)
April 14, 2022 Opinion or Order Filing 285 LETTER MOTION for Oral Argument addressed to Judge Gregory H. Woods from Leonard Spieberg dated 4/14/2022. Document filed by Laura Christy Midtown LLC..(Spielberg, Leonard)
April 11, 2022 Opinion or Order 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' proposed 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 proposed 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' 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)
April 11, 2022 Opinion or Order Filing 283 JURY VERDICT. (vfr)
April 11, 2022 Opinion or Order Minute Entry for proceedings held before Judge Gregory H. Woods: Jury Trial continued on 4/11/2022. Jury deliberation continued. Deliberation completed. Jury polled, verdict unanimous. The jury is excused with thanks of the Court. -- -- See verdict. --See Transcript. (Court Reporter Sharonda Jones) (wv)
April 7, 2022 Opinion or Order Filing 282 ORDER: granting #278 Letter Motion for Extension of Time; denying #280 Letter Motion for Conference re: #278 LETTER MOTION for Extension of Time. addressed to Judge Gregory H. Woods from Leonard Spielberg dated April 2, 2022., #280 LETTER MOTION for Conference. addressed to Judge Gregory H. Woods from Josef Nussbaum dated April 5, 2022., #281 LETTER MOTION for Conference. addressed to Judge Gregory H. Woods from Josef Nussbaum dated April 6, 2022. ; granting #281 Letter Motion for Conference re: #278 LETTER MOTION for Extension of Time. addressed to Judge Gregory H. Woods from Leonard Spielberg dated April 2, 2022., #280 LETTER MOTION for Conference. addressed to Judge Gregory H. Woods from Josef Nussbaum dated April 5, 2022., #281 LETTER MOTION for Conference. addressed to Judge Gregory H. Woods from Josef Nussbaum dated April 6, 2022. For the reasons described by the Court on the record during the trial on April 5, 2022, Defendants' motion to call Mr. Buqaj for the limited purpose of impeachment is GRANTED. For the reasons described during the charging conference on April 6, 2022, Plaintiffs' motion to include the language proposed at Dkt. No. 280 in the jury instructions is DENIED. For the reasons described during the charging conference on April 6, 2022, Plaintiffs' motion to include the language proposed at Dkt. No. 281 in the jury instructions is GRANTED, with some modifications. The Clerk of Court is directed to terminate the motions pending at Dkt. Nos. 278, 280, and 281. SO ORDERED.. (Signed by Judge Gregory H. Woods on 4/07/2022) (ama)
April 7, 2022 Opinion or Order Minute Entry for proceedings held before Judge Gregory H. Woods: Jury Trial continued on 4/7/2022. Closing arguments held. Jury Charged. Jury deliberation held. Court is adjourned until Monday, April 11, 2022 at 9:00 a.m. (Court Reporters Lisa Franko and Sharonda Jones) (wv)
April 6, 2022 Opinion or Order Minute Entry for proceedings held before Judge Gregory H. Woods: Jury Trial held on 4/6/2022. Court is adjourned until Thursday, April 7, 2022 at 9:00 a.m. (Court Reporters Lisa Franko and Sharonda Jones) (wv)
April 6, 2022 Opinion or Order Filing 281 LETTER MOTION for Conference addressed to Judge Gregory H. Woods from Josef Nussbaum dated April 6, 2022. Document filed by Pavle Zivkovic..(Nussbaum, Yosef)
April 5, 2022 Opinion or Order Filing 280 LETTER MOTION for Conference addressed to Judge Gregory H. Woods from Josef Nussbaum dated April 5, 2022. Document filed by Pavle Zivkovic..(Nussbaum, Yosef)
April 5, 2022 Opinion or Order Minute Entry for proceedings held before Judge Gregory H. Woods: Jury Trial held on 4/5/2022. Evidence entered. Court is adjourned until Wednesday, April 6, 2022 at 9:00 a.m. (Court Reporters Lisa Franko and Sharonda Jones) (wv)
April 4, 2022 Opinion or Order Minute Entry for proceedings held before Judge Gregory H. Woods: Jury Trial held on 4/4/2022. Evidence entered. Court is adjourned until Tuesday, April 5, 2022 at 9:00 a.m. (Court Reporter Lisa Franko and Sharonda Jones) (wv)
April 3, 2022 Opinion or Order Filing 279 LETTER RESPONSE in Opposition to Motion addressed to Judge Gregory H. Woods from Lucas C. Buzzard dated April 3, 2022 re: #278 LETTER MOTION for Extension of Time addressed to Judge Gregory H. Woods from Leonard Spielberg dated April 2, 2022. . Document filed by Pavle Zivkovic..(Buzzard, Lucas)
April 2, 2022 Opinion or Order Filing 278 LETTER MOTION for Extension of Time addressed to Judge Gregory H. Woods from Leonard Spielberg dated April 2, 2022. Document filed by Laura Christy Midtown LLC. (Attachments: #1 Exhibit Relevant testimony).(Spielberg, Leonard)
April 1, 2022 Opinion or Order Minute Entry for proceedings held before Judge Gregory H. Woods: Jury Trial held on 4/1/2022. Evidence entered. Court is adjourned until Monday, April 4, 2022 at 9:00 a.m.(Court Reporters Lisa Franko and Sharonda Jones) (wv)
March 31, 2022 Opinion or Order Minute Entry for proceedings held before Judge Gregory H. Woods: Jury Selection held on 3/31/2022. 8 jurors impaneled and sworn. Opening statements held. Court is adjourned until Friday, April 1, 2022 at 9:00 a.m. (Court Reporters Lisa Franko and Sharonda Jones) (wv)
March 30, 2022 Opinion or Order Minute Entry for proceedings held before Judge Gregory H. Woods: Telephone Conference held on 3/30/2022. (Court Reporter present) (wv)
March 30, 2022 Opinion or Order Filing 277 ORDER. Counsel for Laura Christy LLC has proposed a modification to the voir dire questions to be used by the Court during jury selection tomorrow. The Court will hold a conference by telephone to discuss that and any other proposed modifications to the voir dire questions at 4:00 p.m. today. The parties are directed to the Court's Emergency Rules in Light of COVID-19, which are available on the Court's website, for the dial-in number and other relevant instructions. The parties are specifically directed to comply with Rule 2(C) of the Court's Emergency Rules. (HEREBY ORDERED by Judge Gregory H. Woods) (Text Only Order) (Woods, Gregory)
March 24, 2022 Opinion or Order Filing 276 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 3/11/22 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(Moya, Goretti)
March 24, 2022 Opinion or Order Filing 275 TRANSCRIPT of Proceedings re: CONFERENCE held on 3/11/2022 before Judge Gregory H. Woods. Court Reporter/Transcriber: Eve Giniger, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/14/2022. Redacted Transcript Deadline set for 4/25/2022. Release of Transcript Restriction set for 6/22/2022..(Moya, Goretti)
March 17, 2022 Opinion or Order Filing 274 LETTER addressed to Judge Gregory H. Woods from Josef Nussbaum dated March 17, 2022 re: matters discussed at the March 11, 2022 pretrial conference. Document filed by Pavle Zivkovic. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D).(Nussbaum, Yosef)
March 16, 2022 Opinion or Order Filing 273 LETTER addressed to Judge Gregory H. Woods from Lucas C. Buzzard dated March 16, 2022 re: Letter filed by Defendant Ghatanfard - ECF No. 272. Document filed by Pavle Zivkovic..(Buzzard, Lucas)
March 16, 2022 Opinion or Order Filing 272 LETTER addressed to Judge Gregory H. Woods from Neal S. Comer dated Marchn 15, 2022 re: discussion had at court conference. Document filed by David Ghatanfard..(Comer, Neal)
March 14, 2022 Opinion or Order 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 granted. 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 final 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)
March 11, 2022 Opinion or Order Minute Entry for proceedings held before Judge Gregory H. Woods: Final Pretrial Conference held on 3/11/2022. (Court Reporter Eve Giniger) (wv)
February 24, 2022 Opinion or Order Filing 270 ORDER denying #269 Letter Motion for Leave to File Document. Plaintiffs' February 24, 2022 application for leave to file a second motion for summary judgment just over a month prior to the scheduled trial date is denied. It is denied for several reasons. First, Plaintiffs have already had the opportunity to file a motion, which was denied. While the Court has discretion to grant leave for a party to file a subsequent motion for summary judgment, it is not the default and Plaintiffs have not presented adequate justification for deviation from the default rule here. Second, Plaintiffs' motion requests only partial summary judgment; trial will proceed regardless. If the evidence is so clear as to justify summary judgment, Plaintiffs' counsel should be able to present a coherent case at trial. The efficiency gain from resolving these issues prior to trial is not sufficient to justify another round of renewed motion practice, given that the burden on the parties and the Court resulting from the additional motion practice will be substantial. Third, Plaintiffs' counsel does not want to adjourn the current trial date. As a result, Plaintiffs ask that the parties be required to engage in additional summary judgment motion practice in the lead-up to trial. The Court would require plenary briefing for any renewed motion; it seems unlikely that complete briefing on a Rule 56 motion could be completed within the time prior to trial. Moreover, Plaintiffs' request presumes that the Court will decide the new motion before the trial date. The Court appreciates Plaintiffs' counsels' desire to streamline trial, but Plaintiffs are not the only parties with matters pending before the Court. It is not reasonable to expect that the Court will prioritize this proposed motion over earlier filed motions in other cases, and other pending matters. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (Woods, Gregory)
February 24, 2022 Opinion or Order Filing 269 LETTER MOTION for Leave to File Renewed Motion for Partial Summary Judgment addressed to Judge Gregory H. Woods from Josef Nussbaum dated February 24, 2022. Document filed by Pavle Zivkovic. (Attachments: #1 Exhibit A).(Nussbaum, Yosef)
February 24, 2022 Opinion or Order Filing 268 FILING ERROR - DEFICIENT DOCKET ENTRY - (SEE DOCUMENT #269) LETTER MOTION for Leave to File Renewed Motion for Partial Summary Judgment addressed to Judge Gregory H. Woods from Josef Nussbaum dated February 24, 2022. Document filed by Pavle Zivkovic. (Attachments: #1 Exhibit A).(Nussbaum, Yosef) Modified on 2/24/2022 (lb).
February 22, 2022 Opinion or Order Filing 267 REPLY MEMORANDUM OF LAW in Support re: #258 SECOND MOTION in Limine to exclude evidence concerning non-written notice and amount of tips class members earned. . Document filed by Pavle Zivkovic..(Buzzard, Lucas)
February 22, 2022 Opinion or Order Filing 266 REPLY MEMORANDUM OF LAW in Support re: #256 FIRST MOTION in Limine to preclude individuals who were not previously disclosed from testifying at trial. . Document filed by Pavle Zivkovic..(Buzzard, Lucas)
February 22, 2022 Opinion or Order Filing 265 ORDER. The final pretrial conference scheduled for March 1, 2022 is adjourned until Friday, March 11, 2022 at 10:00 a.m. It will take place 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 remaining deadlines outlined in the Courts November 10, 2021 Order, Dkt. No. 248, remain unchanged. The trial is still scheduled to begin on Thursday, March 31, 2022 as described in the Courts December 1, 2022 Order. Dkt. No. 249. (HEREBY ORDERED by Judge Gregory H. Woods) (Text Only Order) (wv)
February 18, 2022 Opinion or Order Filing 264 PRETRIAL MEMORANDUM. Document filed by Pavle Zivkovic..(Nussbaum, Yosef)
February 17, 2022 Opinion or Order Filing 263 MEMORANDUM OF LAW in Opposition re: #258 SECOND MOTION in Limine to exclude evidence concerning non-written notice and amount of tips class members earned. . Document filed by Laura Christy LLC..(Bianco, Maria Louisa)
February 17, 2022 Opinion or Order Filing 262 MEMORANDUM OF LAW in Opposition re: #256 FIRST MOTION in Limine to preclude individuals who were not previously disclosed from testifying at trial. . Document filed by Laura Christy LLC..(Bianco, Maria Louisa)
February 11, 2022 Opinion or Order Filing 261 PRETRIAL MEMORANDUM. Document filed by Laura Christy LLC..(Bianco, Maria Louisa)
February 10, 2022 Opinion or Order Filing 260 DECLARATION of Lucas C. Buzzard in Support re: #259 Pretrial Memorandum. Document filed by Pavle Zivkovic. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4).(Buzzard, Lucas)
February 10, 2022 Opinion or Order Filing 259 PRETRIAL MEMORANDUM. Document filed by Pavle Zivkovic..(Buzzard, Lucas)
February 10, 2022 Opinion or Order Filing 258 SECOND MOTION in Limine to exclude evidence concerning non-written notice and amount of tips class members earned. Document filed by Pavle Zivkovic..(Nussbaum, Yosef)
February 10, 2022 Opinion or Order Filing 257 DECLARATION of Josef Nussbaum in Support re: #256 FIRST MOTION in Limine to preclude individuals who were not previously disclosed from testifying at trial.. Document filed by Pavle Zivkovic. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C).(Nussbaum, Yosef)
February 10, 2022 Opinion or Order Filing 256 FIRST MOTION in Limine to preclude individuals who were not previously disclosed from testifying at trial. Document filed by Pavle Zivkovic..(Nussbaum, Yosef)
February 10, 2022 Opinion or Order Filing 255 PROPOSED JURY INSTRUCTIONS. Document filed by Pavle Zivkovic. (Attachments: #1 Exhibit Proposed Verdict Sheet).(Nussbaum, Yosef)
February 10, 2022 Opinion or Order Filing 254 PROPOSED VOIR DIRE QUESTIONS. Document filed by Pavle Zivkovic..(Nussbaum, Yosef)
February 10, 2022 Opinion or Order Filing 253 PROPOSED PRE-TRIAL ORDER. Document filed by Pavle Zivkovic. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D).(Nussbaum, Yosef)
February 8, 2022 Opinion or Order Filing 252 LETTER addressed to Judge Gregory H. Woods from Neal S. Comer dated 2/28/2022 re: Counsel realignment. Document filed by David Ghatanfard..(Spielberg, Leonard)
January 27, 2022 Opinion or Order 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 remaining 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)
January 27, 2022 Opinion or Order Filing 250 LETTER MOTION for Extension of Time to File Pre-Trial Materials addressed to Judge Gregory H. Woods from Maria Louisa Bianco dated January 27, 2022. Document filed by Laura Christy LLC..(Bianco, Maria Louisa)
December 1, 2021 Opinion or Order 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)
November 10, 2021 Opinion or Order 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 conference 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 the 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 description 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)
November 10, 2021 Opinion or Order Filing 247 ORDER. With apologies for the late notice, the November 9, 2021 conference is adjourned to November 10, 2021 at 3:00 p.m. The parties are directed to the Court's Emergency Rules in Light of COVID-19, which are available on the Court's website, for the dial-in number and other relevant instructions. (HEREBY ORDERED by Judge Gregory H. Woods) (Text Only Order) (wv)
November 10, 2021 Opinion or Order Minute Entry for proceedings held before Judge Gregory H. Woods: Telephone Conference held on 11/10/2021. (Court Reporter present) (wv)
November 10, 2021 Opinion or Order Set/Reset Deadlines: (Pretrial Order due by 2/7/2022., Ready for Trial by 3/28/2022.), Set/Reset Hearings: (Final Pretrial Conference set for 3/1/2022 at 10:00 AM in Courtroom 12C, 500 Pearl Street, New York, NY 10007 before Judge Gregory H. Woods.) (jca)
November 9, 2021 Opinion or Order Filing 246 ORDER. In light of the parties' November 8, 2021 request for an extension of approximately two months to file their pretrial submissions, the Court will hold a telephone conference today, November 9, 2021, at 4:00 p.m. The parties are directed to the Court's Emergency Rules in Light of COVID-19, which are available on the Court's website, for the dial-in number and other relevant instructions. (HEREBY ORDERED by Judge Gregory H. Woods) (Text Only Order) (wv)
November 8, 2021 Opinion or Order Filing 245 JOINT LETTER MOTION for Extension of Time to File Pretrial Submissions addressed to Judge Gregory H. Woods from Josef Nussbaum dated November 8, 2021. Document filed by Pavle Zivkovic..(Nussbaum, Yosef)
June 2, 2021 Opinion or Order Filing 244 ORDER granting #243 Letter Motion for Extension of Time. A jury trial in this matter will commence on February 28, 2022. The Court will hold a teleconference with the parties on February 1, 2022 at 10:00 a.m. The parties are directed to the Court's Emergency Rules in Light of COVID-19, which are available on the Court's website, for the dial-in number and other relevant instructions. The parties are specifically directed to comply with Rule 2(C) of the Court's Emergency Rules. The parties are directed to submit the following materials no later than December 1, 2021: (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, (2) a proposed brief, mutually acceptable description 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 Court's initial instructions prior to opening statements. The parties are additionally directed to submit responsive memorandum of law as described in the Court's order of August 30, 2020. Dkt. No. 232. The Clerk of Court is directed to terminate the motion pending at Dkt. No. 243. SO ORDERED. ( Pretrial Order due by 12/1/2021.) (Signed by Judge Gregory H. Woods on 6/2/21) (yv)
June 2, 2021 Opinion or Order Set/Reset Hearings: Telephone Conference set for 2/1/2022 at 10:00 AM before Judge Gregory H. Woods. (yv)
June 1, 2021 Opinion or Order Filing 243 LETTER MOTION for Extension of Time to Submit Pre-trial Materials addressed to Judge Gregory H. Woods from Maria Louisa Bianco dated June 1, 2021. Document filed by Laura Christy LLC..(Bianco, Maria Louisa)
June 1, 2021 Opinion or Order Filing 242 NOTICE OF APPEARANCE by Maria Louisa Bianco on behalf of Laura Christy LLC..(Bianco, Maria Louisa)
February 26, 2021 Opinion or Order Filing 241 ORDER granting #240 Letter Motion for Extension of Time. Application granted. The deadline for the parties to submit their pretrial materials is extended to July 7, 2021. The trial scheduled to begin on June 28, 2021 is adjourned sine die. Given the limited availability of trial dates as a result of the COVID-19 pandemic, and the other cases scheduled for trial by the Court, the Court does not anticipate that this matter will be set for trial in 2021. (Signed by Judge Gregory H. Woods on 2/26/2021) (mro)
February 24, 2021 Opinion or Order Filing 240 LETTER MOTION for Extension of Time addressed to Judge Gregory H. Woods from Neal S. Comer dated February 23. 2021. Document filed by David Ghatanfard, Laura Christy LLC, Laura Christy Midtown LLC, Genco Luca..(Comer, Neal)
December 17, 2020 Opinion or Order Filing 239 ORDER granting #238 Letter Motion for Extension of Time. Application granted. The deadline for the parties to submit their pretrial materials is extended to April 2, 2021. (Signed by Judge Gregory H. Woods on 12/17/2020) (mro)
December 17, 2020 Opinion or Order Filing 238 LETTER MOTION for Extension of Time To File Pretrial Materials addressed to Judge Gregory H. Woods from Amanda E. Maguire dated December 17, 2020. Document filed by Laura Christy LLC..(Maguire, Amanda)
December 14, 2020 Opinion or Order Filing 237 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 8/19/20 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly)
December 14, 2020 Opinion or Order Filing 236 TRANSCRIPT of Proceedings re: CONFERENCE held on 8/19/2020 before Judge Gregory H. Woods. Court Reporter/Transcriber: George Malinowski, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/4/2021. Redacted Transcript Deadline set for 1/14/2021. Release of Transcript Restriction set for 3/15/2021..(McGuirk, Kelly)
September 25, 2020 Opinion or Order Filing 235 MEMO ENDORSEMENT: on re: #233 Status Report filed by Pavle Zivkovic. ENDORSEMENT: The Court agrees with Defendants that it will be most efficient for the Court to evaluate all issues related to the jury charges simultaneously. As the parties know, the Court does not expect to issue an opinion, or other stand-alone decision, regarding the issues raised by Plaintiffs here--the Court's views regarding the proper resolution of those issues will be embodied in the Court's proposed final jury charges. By separate order, the Court will schedule the submission of all pre-trial submissions, and a trial date. That order will establish a schedule for the submission of briefing regarding the legal issues raised by Plaintiffs here to inform the Court's assessment of the parties' proposed charges. SO ORDERED. (Signed by Judge Gregory H. Woods on 9/24/2020) (ama)
September 25, 2020 Opinion or Order 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, 2020: (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 disputed 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)
September 21, 2020 Opinion or Order Filing 233 STATUS REPORT. Document filed by Pavle Zivkovic. (Attachments: #1 Exhibit A).(Nussbaum, Yosef)
August 20, 2020 Opinion or Order Filing 232 ORDER. As discussed during the conference held on August 19, 2020, the parties' request for a continued extension of time to file pretrial materials, Dkt. No. 230, is granted. The parties are directed to submit a status letter no later than September 21, 2020. To the extent that the parties request that the Court decide whether the affirmative defenses established in NYLL 198 1-b and 1-d provide an affirmative defense to the requirement that Defendants provide written notice of the tip credit before setting a trial date for this case, as the Court stated during the conference and in its decision on summary judgment, the Court expects to examine that issue in connection with its evaluation of the jury charges. To the extent the parties wish for the Court to evaluate those issues before the deadline for the submission of the parties' other pretrial materials, the parties are directed to propose in their joint status letter (1) a date for the submission of the parties' joint proposed jury charges; (2) a date for the submission of the parties' respective memoranda of law in connection with those charges regarding the availability of the defense; and (3) a date for any responsive memoranda of law. (HEREBY ORDERED by Judge Gregory H. Woods) (Text Only Order) (Daniels, Anthony)
August 19, 2020 Opinion or Order Minute Entry for proceedings held before Judge Gregory H. Woods: Telephone Conference held on 8/19/2020. (Daniels, Anthony)
August 17, 2020 Opinion or Order Filing 231 MEMO ENDORSEMENT on re: #230 Status Report filed by Laura Christy LLC. ENDORSEMENT: The Court will hold a conference call regarding the parties' request for a continued extension of the deadline to submit pretrial materials sine die on August 19, 2020 at 3:00 p.m. The parties are directed to use the conference call dial-in information and access code noted in the Court's Emergency Rules in Light of COVID-19 available on the Court's website, and are specifically directed to comply with Emergency Rule 2(C). ( Telephone Conference set for 8/19/2020 at 03:00 PM before Judge Gregory H. Woods.) (Signed by Judge Gregory H. Woods on 8/17/2020) (mro)
August 14, 2020 Opinion or Order Filing 230 STATUS REPORT. Document filed by Laura Christy LLC..(Maguire, Amanda)
July 15, 2020 Opinion or Order Filing 229 MEMO ENDORSEMENT on re: #228 Letter filed by Laura Christy Midtown LLC. ENDORSEMENT: Application granted. The parties are directed to submit a joint status report by August 17, 2020. SO ORDERED. (Signed by Judge Gregory H. Woods on 7/15/2020) (ks)
July 14, 2020 Opinion or Order Filing 228 LETTER addressed to Judge Gregory H. Woods from Neal S. Comer dated July 14, 2020 re: Case status report. Document filed by Laura Christy Midtown LLC..(Comer, Neal)
June 16, 2020 Opinion or Order Filing 227 MEMO ENDORSEMENT: on re: #226 Status Report filed by Laura Christy LLC. ENDORSEMENT: Application granted. The parties are directed to submit a status letter no later than July 15, 2020. SO ORDERED. (Signed by Judge Gregory H. Woods on 6/16/2020) (ama)
June 15, 2020 Opinion or Order Filing 226 STATUS REPORT. Document filed by Laura Christy LLC..(Maguire, Amanda)
April 9, 2020 Opinion or Order Filing 225 ORDER granting #218 Motion for Extension of Time. The parties' request for an extension of time to file pretrial materials, Dkt. No. 218, is granted. The deadline is extended sine die. The parties are directed to submit a joint status letter by the earlier of the date that is two weeks after the expiration of the New York State and New York City stay at home orders or June 15, 2020. The final pretrial conference scheduled for June 29, 2020 and the jury trial scheduled to begin on July 13, 2020 are adjourned sine die. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (Woods, Gregory)
April 8, 2020 Opinion or Order Minute Entry for proceedings held before Judge Gregory H. Woods: Telephone Conference held on 4/8/2020. (Daniels, Anthony)
April 8, 2020 Opinion or Order Filing 224 NOTICE of Conference Call Appearance. Document filed by Laura Christy LLC..(Maguire, Amanda)
April 8, 2020 Opinion or Order Filing 223 NOTICE of of conference call appearance. Document filed by Pavle Zivkovic..(Nussbaum, Yosef)
April 8, 2020 Opinion or Order Filing 222 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE DOCUMENT #223) - NOTICE of of conference call appearance. Document filed by Pavle Zivkovic.(Nussbaum, Yosef) Modified on 4/15/2020 (ldi).
April 8, 2020 Opinion or Order Filing 221 NOTICE of conference call appearance. Document filed by David Ghatanfard, Laura Christy Midtown LLC, Genco Luca..(Comer, Neal)
April 6, 2020 Opinion or Order Filing 220 NOTICE OF APPEARANCE by Amanda Elizabeth Maguire on behalf of Laura Christy LLC..(Maguire, Amanda)
April 6, 2020 Opinion or Order Filing 219 ORDER with respect to #218 Letter Motion for Extension of Time. The Court will hold a conference call on April 8, 2020 at 4:00 p.m. to discuss the parties' proposed extension. The parties are directed to the Court's Emergency Rules related to the COVID-19 pandemic, which are available on the Court's website, for dial-in numbers for the conference and other relevant information. SO ORDERED. (Signed by Judge Gregory H. Woods on 4/5/2020) (ks)
April 6, 2020 Opinion or Order Set/Reset Hearings: Telephone Conference set for 4/8/2020 at 04:00 PM before Judge Gregory H. Woods. (ks)
April 3, 2020 Opinion or Order Filing 218 LETTER MOTION for Extension of Time addressed to Judge Gregory H. Woods from All Parties dated 4/3/2020. Document filed by Pavle Zivkovic..(Nussbaum, Yosef)
March 19, 2020 Opinion or Order Filing 217 MEMO ENDORSEMENT on MOTION TO WITHDRAW: granting #216 Motion to Withdraw as Attorney. ENDORSEMENT: Maria Louisa Bianco is granted leave to withdraw as counsel for plaintiff. The Clerk of Court is instructed to remove Maria Louisa Bianco from the list of counsel in this case. SO ORDERED. Attorney Maria Louisa Bianco terminated. (Signed by Judge Gregory H. Woods on 3/19/2020) (ama)
March 18, 2020 Opinion or Order Filing 216 MOTION for Maria Louisa Bianco to Withdraw as Attorney . Document filed by Laura Christy LLC..(Bianco, Maria Louisa)
December 9, 2019 Opinion or Order Filing 215 MEMO ENDORSEMENT: on re: #214 Letter filed by Pavle Zivkovic. ENDORSEMENT: Application denied. The parties should file memoranda of law on the issues raised by Plaintiffs' letter in connection with their requests to charge, which should be submitted in accordance with the Court's October 23, 2019. SO ORDERED. (Signed by Judge Gregory H. Woods on 12/09/2019) (ama)
December 6, 2019 Opinion or Order Filing 214 LETTER addressed to Judge Gregory H. Woods from Josef Nussbaum dated 12/6/2019 re: Advance Motions In Limine. Document filed by Pavle Zivkovic.(Nussbaum, Yosef)
November 5, 2019 Opinion or Order Filing 213 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a DECISON proceeding held on 10/18/19 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
November 5, 2019 Opinion or Order Filing 212 TRANSCRIPT of Proceedings re: DECISON held on 10/18/2019 before Judge Gregory H. Woods. Court Reporter/Transcriber: Paula Speer, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/26/2019. Redacted Transcript Deadline set for 12/6/2019. Release of Transcript Restriction set for 2/3/2020.(McGuirk, Kelly)
October 23, 2019 Opinion or Order Filing 211 ORDER denying #165 Motion for Partial Summary Judgment. For the reasons discussed during the telephone conference held on October 18, 2019, Plaintiff's motion for partial summary judgment, Dkt. No. 165, is denied. A jury trial in this matter will begin on Monday, July 13, 2020 at 9:00 a.m. The Court will hold a final pretrial conference in this case on June 29, 2020 at 10:00 a.m. The materials described in the Court's January 31, 2019 order setting jury trial are due no later than May 1, 2020. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (Daniels, Anthony)
October 23, 2019 Opinion or Order Set/Reset Hearings: Final Pretrial Conference set for 6/29/2020 at 10:00 AM before Judge Gregory H. Woods. Jury Trial set for 7/13/2020 at 09:00 AM before Judge Gregory H. Woods. (Daniels, Anthony)
October 18, 2019 Opinion or Order Minute Entry for proceedings held before Judge Gregory H. Woods: Telephone Conference held on 10/18/2019. (Court Reporter Paula Speer) (Daniels, Anthony)
October 15, 2019 Opinion or Order Filing 210 ORDER granting #208 Letter Motion for Extension of Time. Application granted. The telephone conference currently scheduled for October 15, 2019 is adjourned to October 18, 2019 at 2:00 p.m. (Signed by Judge Gregory H. Woods on 10/14/2019) (mro)
October 15, 2019 Opinion or Order Set/Reset Hearings: Telephone Conference set for 10/18/2019 at 02:00 PM before Judge Gregory H. Woods. (mro)
October 11, 2019 Opinion or Order Filing 209 LETTER addressed to Judge Gregory H. Woods from Neal S. Comer dated October 11, 2019 re: adjournment request. Document filed by David Ghatanfard, Laura Christy Midtown LLC.(Comer, Neal)
October 11, 2019 Opinion or Order Filing 208 LETTER MOTION for Extension of Time addressed to Judge Gregory H. Woods from Josef Nussbaum dated 10/11/2019. Document filed by Pavle Zivkovic.(Nussbaum, Yosef)
October 10, 2019 Opinion or Order Filing 207 ORDER. The Court will hold a telephone conference to discuss Plaintiff's Motion for Partial Summary Judgment on October 15, 2019 at 2:00 p.m. The parties are directed to call Chambers (212-805-0296) at that time with all parties on the line. (HEREBY ORDERED by Judge Gregory H. Woods on October 10, 2019) (Text Only Order)(Daniels, Anthony)
July 30, 2019 Opinion or Order Filing 206 DECLARATION of Josef Nussbaum in Support re: #165 MOTION for Partial Summary Judgment .. Document filed by Pavle Zivkovic. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Nussbaum, Yosef)
July 30, 2019 Opinion or Order Filing 205 RULE 56.1 STATEMENT. Document filed by Pavle Zivkovic. (Nussbaum, Yosef)
July 30, 2019 Opinion or Order Filing 204 REPLY MEMORANDUM OF LAW in Support re: #165 MOTION for Partial Summary Judgment . . Document filed by Pavle Zivkovic. (Nussbaum, Yosef)
July 17, 2019 Opinion or Order Filing 203 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 3/2/18 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
July 17, 2019 Opinion or Order Filing 202 TRANSCRIPT of Proceedings re: conference held on 3/2/2018 before Judge Gregory H. Woods. Court Reporter/Transcriber: Andrew Walker, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/7/2019. Redacted Transcript Deadline set for 8/19/2019. Release of Transcript Restriction set for 10/15/2019.(McGuirk, Kelly)
July 3, 2019 Opinion or Order Filing 201 MEMO ENDORSEMENT on re: #200 Letter, filed by Ulas Geckil, Diana Martha Michos, Alejandra C Rindon, Ricardo Sanchez, Ulas Konca, Imram Shonar, Julia Boyadjan, Vito Avella, Arben Buqaj, Adrian Celmeta, Fernando Marin, Rafael Moctesuma, Pavle Zivkovic, Jesus Espinosa, Vojislav Knezevic. ENDORSEMENT: Application granted. The deadline for Plaintiffs to file their reply to Defendants' opposition to Plaintiffs' motion for partial summary judgment is extended to July 30, 2019. (Replies due by 7/30/2019.) (Signed by Judge Gregory H. Woods on 7/3/2019) (cf)
July 2, 2019 Opinion or Order Filing 200 LETTER addressed to Judge Gregory H. Woods from D. Maimon Kirschenbaum dated July 2, 2019 re: Request an adjournment of time to file Plaintiffs' Reply. Document filed by Vito Avella, Julia Boyadjan, Arben Buqaj, Adrian Celmeta, Jesus Espinosa, Ulas Geckil, Vojislav Knezevic, Ulas Konca, Fernando Marin, Diana Martha Michos, Rafael Moctesuma, Alejandra C Rindon, Ricardo Sanchez, Imram Shonar, Pavle Zivkovic.(Kirschenbaum, Daniel)
June 27, 2019 Opinion or Order Filing 199 MEMO ENDORSEMENT on re: #198 Letter filed by Pavle Zivkovic. ENDORSEMENT: Application granted. The conference currently scheduled for July 3, 2019 is adjourned sine die. The deadline for Plaintiffs to file their reply to Defendants' opposition to Plaintiffs' motion for partial summary judgment is July 8, 2019. SO ORDERED. (Signed by Judge Gregory H. Woods on 6/27/2019) (jca)
June 27, 2019 Opinion or Order Set/Reset Deadlines: Replies due by 7/8/2019. (jca)
June 26, 2019 Opinion or Order Filing 198 LETTER addressed to Judge Gregory H. Woods from Josef Nussbaum dated 6/26/2019 re: yesterday's motion for conference. Document filed by Pavle Zivkovic.(Nussbaum, Yosef)
June 26, 2019 Opinion or Order Filing 197 LETTER RESPONSE to Motion addressed to Judge Gregory H. Woods from Milo Silberstein dated June 26, 2019 re: #195 LETTER MOTION for Conference and for Sanctions addressed to Judge Gregory H. Woods from Josef Nussbaum dated 6/25/2019. . Document filed by David Ghatanfard, Laura Christy LLC, Laura Christy Midtown LLC, Genco Luca. (Bianco, Maria Louisa)
June 26, 2019 Opinion or Order Filing 196 ORDER granting #195 Letter Motion for Conference. Plaintiffs' application for a conference is granted. The Court will hold a conference on July 3, 2019 at 11:00 a.m. to discuss the issues raised by Plaintiffs' letter. The deadline for Plaintiffs to file their reply to Defendants' opposition to Plaintiffs' motion for partial summary judgment is adjourned sine die. Status Conference set for 7/3/2019 at 11:00 AM before Judge Gregory H. Woods. (Signed by Judge Gregory H. Woods on 6/26/2019) (mro)
June 25, 2019 Opinion or Order Filing 195 LETTER MOTION for Conference and for Sanctions addressed to Judge Gregory H. Woods from Josef Nussbaum dated 6/25/2019. Document filed by Pavle Zivkovic. (Attachments: #1 Exhibit A)(Nussbaum, Yosef)
June 24, 2019 Opinion or Order Filing 194 MEMORANDUM OF LAW in Opposition re: #165 MOTION for Partial Summary Judgment . . Document filed by David Ghatanfard, Laura Christy LLC, Laura Christy Midtown LLC, Genco Luca. (Bianco, Maria Louisa)
June 24, 2019 Opinion or Order Filing 193 COUNTER STATEMENT TO #173 Rule 56.1 Statement. Document filed by David Ghatanfard, Laura Christy LLC, Laura Christy Midtown LLC, Genco Luca. (Bianco, Maria Louisa)
June 24, 2019 Opinion or Order Filing 192 DECLARATION of Christian Sanchez in Opposition re: #165 MOTION for Partial Summary Judgment .. Document filed by David Ghatanfard, Laura Christy LLC, Laura Christy Midtown LLC, Genco Luca. (Bianco, Maria Louisa)
June 24, 2019 Opinion or Order Filing 191 DECLARATION of Florence Pashako in Opposition re: #165 MOTION for Partial Summary Judgment .. Document filed by David Ghatanfard, Laura Christy LLC, Laura Christy Midtown LLC, Genco Luca. (Bianco, Maria Louisa)
June 24, 2019 Opinion or Order Filing 190 DECLARATION of Ertis Pashako in Opposition re: #165 MOTION for Partial Summary Judgment .. Document filed by David Ghatanfard, Laura Christy LLC, Laura Christy Midtown LLC, Genco Luca. (Bianco, Maria Louisa)
June 24, 2019 Opinion or Order Filing 189 DECLARATION of Paola Rosa in Opposition re: #165 MOTION for Partial Summary Judgment .. Document filed by David Ghatanfard, Laura Christy LLC, Laura Christy Midtown LLC, Genco Luca. (Bianco, Maria Louisa)
June 24, 2019 Opinion or Order Filing 188 DECLARATION of Elton Olli in Opposition re: #165 MOTION for Partial Summary Judgment .. Document filed by David Ghatanfard, Laura Christy LLC, Laura Christy Midtown LLC, Genco Luca. (Bianco, Maria Louisa)
June 24, 2019 Opinion or Order Filing 187 DECLARATION of Carina Lazzaro in Opposition re: #165 MOTION for Partial Summary Judgment .. Document filed by David Ghatanfard, Laura Christy LLC, Laura Christy Midtown LLC, Genco Luca. (Bianco, Maria Louisa)
June 24, 2019 Opinion or Order Filing 186 DECLARATION of Ismet Jasaraj in Opposition re: #165 MOTION for Partial Summary Judgment .. Document filed by David Ghatanfard, Laura Christy LLC, Laura Christy Midtown LLC, Genco Luca. (Bianco, Maria Louisa)
June 24, 2019 Opinion or Order Filing 185 DECLARATION of Arben Buqaj in Opposition re: #165 MOTION for Partial Summary Judgment .. Document filed by David Ghatanfard, Laura Christy LLC, Laura Christy Midtown LLC, Genco Luca. (Bianco, Maria Louisa)
June 24, 2019 Opinion or Order Filing 184 DECLARATION of Daniel Brand in Opposition re: #165 MOTION for Partial Summary Judgment .. Document filed by David Ghatanfard, Laura Christy LLC, Laura Christy Midtown LLC, Genco Luca. (Bianco, Maria Louisa)
June 24, 2019 Opinion or Order Filing 183 DECLARATION of Anelito Antonelli in Opposition re: #165 MOTION for Partial Summary Judgment .. Document filed by David Ghatanfard, Laura Christy LLC, Laura Christy Midtown LLC, Genco Luca. (Bianco, Maria Louisa)
June 24, 2019 Opinion or Order Filing 182 DECLARATION of David Morganelli in Opposition re: #165 MOTION for Partial Summary Judgment .. Document filed by David Ghatanfard, Laura Christy LLC, Laura Christy Midtown LLC, Genco Luca. (Bianco, Maria Louisa)
June 24, 2019 Opinion or Order Filing 181 DECLARATION of Aram Khachaturian in Opposition re: #165 MOTION for Partial Summary Judgment .. Document filed by David Ghatanfard, Laura Christy LLC, Laura Christy Midtown LLC, Genco Luca. (Bianco, Maria Louisa)
June 24, 2019 Opinion or Order Filing 180 DECLARATION of Gianna Izzo in Opposition re: #165 MOTION for Partial Summary Judgment .. Document filed by David Ghatanfard, Laura Christy LLC, Laura Christy Midtown LLC, Genco Luca. (Bianco, Maria Louisa)
June 24, 2019 Opinion or Order Filing 179 DECLARATION of Ardita Huseinavic in Opposition re: #165 MOTION for Partial Summary Judgment .. Document filed by David Ghatanfard, Laura Christy LLC, Laura Christy Midtown LLC, Genco Luca. (Bianco, Maria Louisa)
June 24, 2019 Opinion or Order Filing 178 DECLARATION of Elva Chiu in Opposition re: #165 MOTION for Partial Summary Judgment .. Document filed by David Ghatanfard, Laura Christy LLC, Laura Christy Midtown LLC, Genco Luca. (Bianco, Maria Louisa)
June 24, 2019 Opinion or Order Filing 177 DECLARATION of Danielle Brown in Opposition re: #165 MOTION for Partial Summary Judgment .. Document filed by David Ghatanfard, Laura Christy LLC, Laura Christy Midtown LLC, Genco Luca. (Bianco, Maria Louisa)
June 24, 2019 Opinion or Order Filing 176 DECLARATION of Hadi Alavian in Opposition re: #165 MOTION for Partial Summary Judgment .. Document filed by David Ghatanfard, Laura Christy LLC, Laura Christy Midtown LLC, Genco Luca. (Bianco, Maria Louisa)
June 24, 2019 Opinion or Order Filing 175 DECLARATION of Milo Silberstein in Opposition re: #165 MOTION for Partial Summary Judgment .. Document filed by David Ghatanfard, Laura Christy LLC, Laura Christy Midtown LLC, Genco Luca. (Attachments: #1 Exhibit A- Sample Payroll Records, #2 Exhibit B- Midtown Notice 2017, #3 Exhibit C- Meatpacking Notice 2016, #4 Exhibit D-Marin Deposition Excerpt, #5 Exhibit E-Meatpacking Payroll Records 2011, 2013, 2014, #6 Exhibit F-Meatpacking Records 2015, #7 Exhibit G-Midtown Records 2012, 2013, #8 Exhibit H- Midtown Records 2014, #9 Exhibit I- Midtown Records 2017, #10 Exhibit J- Class Lists, #11 Exhibit K- DeMarco Deposition, #12 Exhibit L- Wage Posters, #13 Exhibit M- Wage Statement, #14 Exhibit N- March 4, 2015 Opinion Letter, #15 Exhibit O- May 4, 2016 Opinion Letter)(Bianco, Maria Louisa)
May 24, 2019 Opinion or Order Filing 174 MEMORANDUM OF LAW in Support re: #165 MOTION for Partial Summary Judgment . . Document filed by Pavle Zivkovic. (Nussbaum, Yosef)
May 24, 2019 Opinion or Order Filing 173 RULE 56.1 STATEMENT. Document filed by Pavle Zivkovic. (Nussbaum, Yosef)
May 24, 2019 Opinion or Order Filing 172 DECLARATION of Josef Nussbaum in Support re: #165 MOTION for Partial Summary Judgment .. Document filed by Pavle Zivkovic. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W, #24 Exhibit X, #25 Exhibit Y, #26 Exhibit Z, #27 Exhibit AA, #28 Exhibit AB)(Nussbaum, Yosef)
May 24, 2019 Opinion or Order Filing 171 DECLARATION of Fernando Marin in Support re: #165 MOTION for Partial Summary Judgment .. Document filed by Fernando Marin. (Nussbaum, Yosef)
May 24, 2019 Opinion or Order Filing 170 DECLARATION of Ricardo Sanchez in Support re: #165 MOTION for Partial Summary Judgment .. Document filed by Ricardo Sanchez. (Nussbaum, Yosef)
May 24, 2019 Opinion or Order Filing 169 DECLARATION of Vojislav Knezevic in Support re: #165 MOTION for Partial Summary Judgment .. Document filed by Vojislav Knezevic. (Nussbaum, Yosef)
May 24, 2019 Opinion or Order Filing 168 DECLARATION of Yuliya Boyodjan in Support re: #165 MOTION for Partial Summary Judgment .. Document filed by Julia Boyadjan. (Nussbaum, Yosef)
May 24, 2019 Opinion or Order Filing 167 DECLARATION of Pavle Zivkovic in Support re: #165 MOTION for Partial Summary Judgment .. Document filed by Pavle Zivkovic. (Nussbaum, Yosef)
May 24, 2019 Opinion or Order Filing 166 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE #174 Memorandum) - MEMORANDUM OF LAW in Support re: #165 MOTION for Partial Summary Judgment . . Document filed by Pavle Zivkovic. (Nussbaum, Yosef) Modified on 5/31/2019 (db).
May 24, 2019 Opinion or Order Filing 165 MOTION for Partial Summary Judgment . Document filed by Pavle Zivkovic.(Nussbaum, Yosef)
May 21, 2019 Opinion or Order Filing 164 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 4/18/19 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
May 21, 2019 Opinion or Order Filing 163 TRANSCRIPT of Proceedings re: CONFERENCE held on 4/18/2019 before Judge Gregory H. Woods. Court Reporter/Transcriber: Kristen Carannante, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/11/2019. Redacted Transcript Deadline set for 6/21/2019. Release of Transcript Restriction set for 8/19/2019.(McGuirk, Kelly)
April 19, 2019 Opinion or Order Filing 162 ORDER. As discussed during the telephone conference held on April 18, 2019, the final pretrial conference and jury trial in this matter are adjourned sine die. The Court sets the following briefing schedule for Plaintiffs' partial motion for summary judgment: Plaintiffs' motion is due no later than May 24, 2019; Defendants' opposition is due no later than June 24, 2019; Plaintiffs' reply is due no later than two weeks following service of Defendants' opposition. (HEREBY ORDERED by Judge Gregory H. Woods on April 19, 2019) (Text Only Order)(Daniels, Anthony)
April 18, 2019 Opinion or Order Minute Entry for proceedings held before Judge Gregory H. Woods: Telephone Conference held on 4/18/2019. (Court Reporter Kristen Carannante) (Daniels, Anthony)
April 16, 2019 Opinion or Order Filing 161 LETTER addressed to Judge Gregory H. Woods from Milo Silberstein dated April 16, 2019 re: Response to Plaintiffs' Request for Pre-Motion Conference. Document filed by David Ghatanfard, Laura Christy LLC, Laura Christy Midtown LLC, Genco Luca.(Bianco, Maria Louisa)
April 15, 2019 Opinion or Order Filing 160 ORDER granting #159 Letter Motion for Conference. Application granted. The Court will hold a teleconference regarding Plaintiffs' proposed motion for partial summary judgment on April 18, 2019 at 11:00 a.m. The parties are directed to call Chambers (212-805-0296) at that time with all parties on the line. SO ORDERED. (Telephone Conference set for 4/18/2019 at 11:00 AM before Judge Gregory H. Woods.) (Signed by Judge Gregory H. Woods on 4/13/2019) (anc)
April 11, 2019 Opinion or Order Filing 159 LETTER MOTION for Conference addressed to Judge Gregory H. Woods from Josef Nussbaum dated 4/11/2019. Document filed by Pavle Zivkovic. (Attachments: #1 Exhibit A)(Nussbaum, Yosef)
January 31, 2019 Opinion or Order Filing 158 ORDER: A jury trial in this matter will begin on Monday, October 28, 2019 at 9:00 a.m. The Court will hold a final pretrial conference in this case on Wednesday October 9, 2019 at 4:00 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 August 3, 2019: (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, (2) a proposed brief, mutually acceptable description 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 Court's initial instructions prior to opening statements. SO ORDERED. (Pretrial Order due by 8/3/2019. Final Pretrial Conference set for 10/9/2019 at 04:00 PM in Courtroom 12C, 500 Pearl Street, New York, NY 10007 before Judge Gregory H. Woods. Jury Trial set for 10/28/2019 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 1/31/2019) (anc)
January 30, 2019 Opinion or Order Filing 157 LETTER addressed to Judge Gregory H. Woods from Josef Nussbaum dated 1/30/2019 re: Trial Dates. Document filed by Pavle Zivkovic.(Nussbaum, Yosef)
January 25, 2019 Opinion or Order Filing 156 ORDER: No later than February 1, 2019, the parties are directed to submit a joint letter regarding their availability for alternative trial dates in September, October, and November 2019. Defendants are directed to produce, within 30 days and in Microsoft Excel format, the names, last known addresses, alternate addresses, if any, all known telephone numbers, all known email addresses, social security numbers, dates of birth, dates of employment, and job titles of all Valbella Meatpacking Subclass Members and Valbella Midtown Subclass Members. Defendants are also directed to produce, within 90 days, the following documents in their possession, custody, or control for all subclass members covering the entire class period: personnel files, time records, weekly earnings records and payroll journals, daily tip sheets, weekly tip sheets, weekly schedules, and wage statements. Plaintiffs are directed to mail the Notice and Opt Out Form provided by the parties on January 23, 2019, Dkt. No. 155, except that Plaintiffs are directed to correct the typographical error at the top of the Notice of Wage & Hour Lawsuit Against Valbella Meatpacking that states "This is a court authorized cotice," Dkt. No. 155-1, at 2 (emphasis added). (Signed by Judge Gregory H. Woods on 1/25/2019) (mro)
January 23, 2019 Opinion or Order Filing 155 LETTER addressed to Judge Gregory H. Woods from Josef Nussbaum dated 1/23/2019 re: Class Action Notices. Document filed by Pavle Zivkovic. (Attachments: #1 Exhibit A, #2 Exhibit B)(Nussbaum, Yosef)
January 17, 2019 Opinion or Order Minute Entry for proceedings held before Judge Gregory H. Woods: Telephone Conference held on 1/17/2019. (Court Reporter Pamela Utter) (Daniels, Anthony)
January 15, 2019 Opinion or Order Filing 154 ORDER. The Court will hold a telephone conference to discuss the parties' proposed class notices, Dkt. No. 153, on January 17, 2019 at 3:00 p.m. The parties are directed to call Chambers (212-805-0296) at that time with all parties on the line. (HEREBY ORDERED by Judge Gregory H. Woods on January 15, 2019) (Text Only Order)(Daniels, Anthony)
December 26, 2018 Opinion or Order Filing 153 LETTER addressed to Judge Gregory H. Woods from Josef Nussbaum dated 12/28/2018 re: Exhibits. Document filed by Pavle Zivkovic. (Attachments: #1 Exhibit A, #2 Exhibit B)(Nussbaum, Yosef)
December 26, 2018 Opinion or Order Filing 152 ORDER. The parties' joint letter, Dkt. No. 151, references attached class notice forms, but does not attach any such forms. The parties are directed to submit the notice of class action forms referenced in their joint letter, Dkt. No. 151, forthwith. (HEREBY ORDERED by Judge Gregory H. Woods on December 26, 2018) (Text Only Order)(Daniels, Anthony)
December 15, 2018 Opinion or Order Filing 151 LETTER addressed to Judge Gregory H. Woods from Josef Nussbaum dated 12/14/2018 re: Length and Dates of Trial. Document filed by Pavle Zivkovic.(Nussbaum, Yosef)
December 7, 2018 Opinion or Order Filing 150 ORDER. As discussed during the telephone conference held on November 19, 2018, the Court will schedule a trial in this action. No later than December 14, 2018, the parties are directed to submit a joint letter regarding (i) the expected length of the trial in this case and (ii) the parties' availability for trial in June, July, and August of 2019. (HEREBY ORDERED by Judge Gregory H. Woods on December 7, 2018) (Text Only Order)(Daniels, Anthony)
December 6, 2018 Opinion or Order Filing 149 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 11/19/18 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
December 6, 2018 Opinion or Order Filing 148 TRANSCRIPT of Proceedings re: conference held on 11/19/2018 before Judge Gregory H. Woods. Court Reporter/Transcriber: Andrew Walker, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/27/2018. Redacted Transcript Deadline set for 1/7/2019. Release of Transcript Restriction set for 3/6/2019.(McGuirk, Kelly)
November 30, 2018 Opinion or Order Filing 147 MEMORANDUM OPINION AND ORDER re: #118 MOTION to Certify Class filed by Pavle Zivkovic. For the reasons stated above, Plaintiff's motion for class certification is GRANTED. The Clerk of Court is directed to terminate the motion pending at Dkt. No. 118. (Signed by Judge Gregory H. Woods on 11/30/2018) (mro)
November 20, 2018 Opinion or Order Filing 146 ORDER denying #114 Motion for Summary Judgment. For the reasons stated on the record during the November 19, 2018 telephone conference, Plaintiffs' motion for partial summary judgment, Dkt. No. 114, is denied. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (Daniels, Anthony)
November 19, 2018 Opinion or Order Minute Entry for proceedings held before Judge Gregory H. Woods: Telephone Conference held on 11/19/2018. (Court Reporter Andrew Walker) (Daniels, Anthony)
November 15, 2018 Opinion or Order Filing 145 ORDER granting #144 Letter Motion to Adjourn Conference. Defendant Laura Christy LLC's request to adjourn the conference scheduled for November 16, 2018, Dkt. No. 144, is granted. The conference currently scheduled for November 16, 2018 is adjourned to November 19, 2018 at 4:45 p.m. The parties are directed to call Chambers (212-805-0296) at that time with all parties on the line. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (Daniels, Anthony)
November 13, 2018 Opinion or Order Filing 144 LETTER MOTION to Adjourn Conference addressed to Judge Gregory H. Woods from Milo Silberstein dated November 13, 2018. Document filed by Laura Christy LLC.(Bianco, Maria Louisa)
November 13, 2018 Opinion or Order Filing 143 ORDER. The Court will hold a telephone conference on November 16, 2018 at 2:45 p.m. to discuss Plaintiffs' motion for partial summary judgment. The parties are directed to call Chambers (212-805-0296) at that time with all parties on the line. (HEREBY ORDERED by Judge Gregory H. Woods on November 13, 2018) (Text Only Order)(Daniels, Anthony)
October 26, 2018 Opinion or Order Filing 142 NOTICE OF CHANGE OF ADDRESS by Neal Sanford Comer on behalf of All Defendants. New Address: Neal S. Comer, 81 Main Street, Suite 205, White Plains, NY, USA 10601, 914-683-5400. (Comer, Neal)
October 10, 2018 Opinion or Order Filing 141 DECLARATION of Josef Nussbaum in Support re: #118 MOTION to Certify Class .. Document filed by Julia Boyadjan, Vojislav Knezevic, Fernando Marin, Ricardo Sanchez, Pavle Zivkovic. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Nussbaum, Yosef)
October 10, 2018 Opinion or Order Filing 140 REPLY MEMORANDUM OF LAW in Support re: #118 MOTION to Certify Class . . Document filed by Julia Boyadjan, Vojislav Knezevic, Fernando Marin, Ricardo Sanchez, Pavle Zivkovic. (Nussbaum, Yosef)
October 10, 2018 Opinion or Order Filing 139 REPLY MEMORANDUM OF LAW in Support re: #114 MOTION for Summary Judgment . . Document filed by Vito Avella, Julia Boyadjan, Arben Buqaj, Adrian Celmeta, Jesus Espinosa, Ulas Geckil, Vojislav Knezevic, Ulas Konca, Fernando Marin, Diana Martha Michos, Rafael Moctesuma, Alejandra C Rindon, Ricardo Sanchez, Imram Shonar, Pavle Zivkovic. (Buzzard, Lucas)
September 18, 2018 Opinion or Order Filing 138 ORDER granting #137 Letter Motion for Extension of Time. Plaintiffs' request for an extension of time to file replies in support of their motions for partial summary judgment and class certification, Dkt. No. 137, is granted. The deadline for Plaintiffs to file a reply in support of their motion for partial summary judgment and a reply in support of their motion for class certification is extended to October 10, 2018. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (Woods, Gregory)
September 17, 2018 Opinion or Order Filing 137 LETTER MOTION for Extension of Time to File Reply Briefs addressed to Judge Gregory H. Woods from Josef Nussbaum dated 9/17/2018. Document filed by Pavle Zivkovic.(Nussbaum, Yosef)
September 17, 2018 Opinion or Order Filing 136 DECLARATION of Milo Silberstein in Opposition re: #114 MOTION for Summary Judgment .. Document filed by David Ghatanfard, Laura Christy LLC, Laura Christy Midtown LLC, Genco Luca. (Attachments: #1 Exhibit A- Corporate Listing, #2 Exhibit B- Operating Agreement, #3 Exhibit C- Excerpts from Ghatanfard, #4 Exhibit D- Excerpts from DeMarco, #5 Exhibit E- Excerpts from Pirsos, #6 Exhibit F- Excerpts from Sanchez, #7 Exhibit G- Excerpts from Heuschneider, #8 Exhibit H-Website, #9 Exhibit I- Excerpts from Zivkovic)(Bianco, Maria Louisa)
September 17, 2018 Opinion or Order Filing 135 RESPONSE in Opposition to Motion re: #114 MOTION for Summary Judgment . Response to Plaintiffs' 56.1 Statement. Document filed by David Ghatanfard, Laura Christy LLC, Laura Christy Midtown LLC, Genco Luca. (Bianco, Maria Louisa)
September 17, 2018 Opinion or Order Filing 134 DECLARATION of Milo Silberstein in Opposition re: #118 MOTION to Certify Class .. Document filed by David Ghatanfard, Laura Christy LLC, Laura Christy Midtown LLC, Genco Luca. (Attachments: #1 Exhibit A- Excerpts from DeMarco Transcript, #2 Exhibit B- Excerpts from Zivkovic Transcript, #3 Exhibit C- Excerpts from Knezevic Transcript, #4 Exhibit D- Excerpts from Marin Transcript, #5 Exhibit E- Excerpts from Ghatanfard Transcript, #6 Exhibit F- Excerpts from Pirsos Transcript, #7 Exhibit G- Wage Forms, #8 Exhibit H- Laura Christy LLC Midtown, #9 Exhibit I- Excerpts from Sanchez Transcript, #10 Exhibit J- Excerpts from Boyadjan Transcript, #11 Exhibit K- Excerpts from Heuschneider Transcript)(Bianco, Maria Louisa)
September 14, 2018 Opinion or Order Filing 133 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE #134 Declaration) - DECLARATION of Milo Silberstein in Opposition re: #118 MOTION to Certify Class .. Document filed by David Ghatanfard, Laura Christy LLC, Laura Christy Midtown LLC, Genco Luca. (Attachments: #1 Exhibit A-DeMarco Transcript, #2 Exhibit B-Zivkovic Transcript, #3 Exhibit C- Knezevic Transcript, #4 Exhibit D- Marin Transcript, #5 Exhibit E- Ghatanfard Transcript, #6 Exhibit F- Pirsos Transcript, #7 Exhibit I- Sanchez Transcript, #8 Exhibit J- Boyadjan Transcript, #9 Exhibit K- Heuschneider Transcript)(Bianco, Maria Louisa) Modified on 9/18/2018 (db).
September 14, 2018 Opinion or Order Filing 132 DECLARATION of Hadi Alavian in Opposition re: #118 MOTION to Certify Class .. Document filed by David Ghatanfard, Laura Christy LLC, Laura Christy Midtown LLC, Genco Luca. (Bianco, Maria Louisa)
September 14, 2018 Opinion or Order Filing 131 DECLARATION of David Ghatanfard in Opposition re: #118 MOTION to Certify Class .. Document filed by David Ghatanfard, Laura Christy LLC, Laura Christy Midtown LLC, Genco Luca. (Bianco, Maria Louisa)
September 14, 2018 Opinion or Order Filing 130 MEMORANDUM OF LAW in Opposition re: #118 MOTION to Certify Class . . Document filed by David Ghatanfard, Laura Christy LLC, Laura Christy Midtown LLC, Genco Luca. (Bianco, Maria Louisa)
September 14, 2018 Opinion or Order Filing 129 DECLARATION of Hadi Alavian in Opposition re: #114 MOTION for Summary Judgment .. Document filed by David Ghatanfard, Laura Christy LLC, Laura Christy Midtown LLC, Genco Luca. (Bianco, Maria Louisa)
September 14, 2018 Opinion or Order Filing 128 DECLARATION of David Ghatanfard in Opposition re: #114 MOTION for Summary Judgment .. Document filed by David Ghatanfard, Laura Christy LLC, Laura Christy Midtown LLC, Genco Luca. (Bianco, Maria Louisa)
September 14, 2018 Opinion or Order Filing 127 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU (SEE #136 Declaration) - DECLARATION of Milo Silberstein in Opposition re: #114 MOTION for Summary Judgment .. Document filed by David Ghatanfard, Laura Christy LLC, Laura Christy Midtown LLC, Genco Luca. (Attachments: #1 Exhibit A- Corporate Listing, #2 Exhibit B- Operating Agreement, #3 Exhibit C- Ghatanfard Transcript, #4 Exhibit D- DeMarco Transcript, #5 Exhibit E- Pirsos Transcript, #6 Exhibit F- Sanchez Transcript, #7 Exhibit G- Heuschneider Transcript, #8 Exhibit I- Zivkovic Transcript)(Bianco, Maria Louisa) Modified on 9/18/2018 (db).
September 14, 2018 Opinion or Order Filing 126 MEMORANDUM OF LAW in Opposition re: #114 MOTION for Summary Judgment . . Document filed by David Ghatanfard, Laura Christy LLC, Laura Christy Midtown LLC, Genco Luca. (Bianco, Maria Louisa)
August 10, 2018 Opinion or Order Filing 125 DECLARATION of Josef Nussbaum in Support re: #118 MOTION to Certify Class .. Document filed by Pavle Zivkovic. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O)(Nussbaum, Yosef)
August 10, 2018 Opinion or Order Filing 124 DECLARATION of Fernando Marin in Support re: #118 MOTION to Certify Class .. Document filed by Fernando Marin. (Nussbaum, Yosef)
August 10, 2018 Opinion or Order Filing 123 DECLARATION of Ricardo Sanchez in Support re: #118 MOTION to Certify Class .. Document filed by Ricardo Sanchez. (Nussbaum, Yosef)
August 10, 2018 Opinion or Order Filing 122 DECLARATION of Vojislav Knezevic in Support re: #118 MOTION to Certify Class .. Document filed by Vojislav Knezevic. (Nussbaum, Yosef)
August 10, 2018 Opinion or Order Filing 121 DECLARATION of Yuliya Boyodjan in Support re: #118 MOTION to Certify Class .. Document filed by Julia Boyadjan. (Nussbaum, Yosef)
August 10, 2018 Opinion or Order Filing 120 DECLARATION of Pavle Zivkovic in Support re: #118 MOTION to Certify Class .. Document filed by Pavle Zivkovic. (Nussbaum, Yosef)
August 10, 2018 Opinion or Order Filing 119 MEMORANDUM OF LAW in Support re: #118 MOTION to Certify Class . . Document filed by Pavle Zivkovic. (Nussbaum, Yosef)
August 10, 2018 Opinion or Order Filing 118 MOTION to Certify Class . Document filed by Pavle Zivkovic.(Nussbaum, Yosef)
August 10, 2018 Opinion or Order Filing 117 RULE 56.1 STATEMENT. Document filed by Pavle Zivkovic. (Nussbaum, Yosef)
August 10, 2018 Opinion or Order Filing 116 DECLARATION of Josef Nussbaum in Support re: #114 MOTION for Summary Judgment .. Document filed by Pavle Zivkovic. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Errata O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V)(Nussbaum, Yosef)
August 10, 2018 Opinion or Order Filing 115 MEMORANDUM OF LAW in Support re: #114 MOTION for Summary Judgment . . Document filed by Pavle Zivkovic. (Nussbaum, Yosef)
August 10, 2018 Opinion or Order Filing 114 MOTION for Summary Judgment . Document filed by Pavle Zivkovic.(Nussbaum, Yosef)
July 19, 2018 Opinion or Order Filing 113 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 7/6/18 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
July 19, 2018 Opinion or Order Filing 112 TRANSCRIPT of Proceedings re: conference held on 7/6/2018 before Judge Gregory H. Woods. Court Reporter/Transcriber: Andrew Walker, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/9/2018. Redacted Transcript Deadline set for 8/20/2018. Release of Transcript Restriction set for 10/17/2018.(McGuirk, Kelly)
July 9, 2018 Opinion or Order Filing 111 ORDER. Plaintiffs' request for leave to file a motion for class certification, Dkt. No. 106, is granted, and Plaintiffs' request for leave to file a motion for partial summary judgment, Dkt. No. 107, is granted in part. The deadline for Plaintiffs to file and serve their motion for class certification is August 10, 2018. Defendants' opposition is due no later than September 14, 2018; Plaintiffs' reply, if any, is due within two weeks after service of Defendants' opposition. The deadline for Plaintiffs to file and serve their motion for partial summary judgment, to be limited to the single issue of whether the Valbella restaurants constitute a single integrated employer, is August 10, 2018. Defendants' opposition is due no later than September 14, 2018; Plaintiffs' reply, if any, is due within two weeks after service of Defendants' opposition. (HEREBY ORDERED by Judge Gregory H. Woods on July 9, 2018) (Text Only Order)(Woods, Gregory)
July 6, 2018 Opinion or Order Minute Entry for proceedings held before Judge Gregory H. Woods: Status Conference held on 7/6/2018. (Court Reporter Andrew Walker) (Daniels, Anthony)
July 5, 2018 Opinion or Order Filing 110 LETTER RESPONSE to Motion addressed to Judge Gregory H. Woods from Milo Silberstein dated July 5, 2018 re: #107 LETTER MOTION for Conference re: Motion for Partial Summary Judgment addressed to Judge Gregory H. Woods from Josef Nussbaum dated 7/2/2018. . Document filed by Laura Christy LLC. (Silberstein, Milo)
July 5, 2018 Opinion or Order Filing 109 LETTER RESPONSE to Motion addressed to Judge Gregory H. Woods from Milo Silberstein dated July 5, 2018 re: #106 LETTER MOTION for Conference re: Motion for Class Certification addressed to Judge Gregory H. Woods from Josef Nussbaum dated 7/2/2018. . Document filed by Laura Christy LLC. (Silberstein, Milo)
July 3, 2018 Opinion or Order Filing 108 ORDER granting #106 Letter Motion for Conference ; granting #107 Letter Motion for Conference. Plaintiffs' requests for pre-motion conferences, Dkt. Nos. 106, 107, are granted. The Court will discuss Plaintiffs' proposed motion for partial summary judgment and proposed motion for class certification during the status conference scheduled for July 6, 2018 at 10:00 a.m. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (Woods, Gregory)
July 2, 2018 Opinion or Order Filing 107 LETTER MOTION for Conference re: Motion for Partial Summary Judgment addressed to Judge Gregory H. Woods from Josef Nussbaum dated 7/2/2018. Document filed by Pavle Zivkovic.(Nussbaum, Yosef)
July 2, 2018 Opinion or Order Filing 106 LETTER MOTION for Conference re: Motion for Class Certification addressed to Judge Gregory H. Woods from Josef Nussbaum dated 7/2/2018. Document filed by Pavle Zivkovic.(Nussbaum, Yosef)
June 26, 2018 Opinion or Order Filing 105 ORDER. Defendants Laura Christy Midtown LLC, David Ghatanfard, and Genco Luca's request for an adjournment of the conference scheduled for June 27, 2018, Dkt. No. 104, is granted. The conference currently scheduled for June 27, 2018 is adjourned to July 6, 2018 at 10:00 a.m. (HEREBY ORDERED by Judge Gregory H. Woods on June 26, 2018) (Text Only Order)(Woods, Gregory)
June 22, 2018 Opinion or Order Filing 104 LETTER addressed to Judge Gregory H. Woods from Neal S. Comer, Esq. dated June 22, 2018 re: Request to adjourn conference until a date after plaintiffs file pre-motion letter.. Document filed by David Ghatanfard, Laura Christy Midtown LLC, Genco Luca.(Comer, Neal)
June 21, 2018 Opinion or Order Filing 103 ANSWER to Complaint. Document filed by David Ghatanfard, Laura Christy Midtown LLC, Genco Luca.(Comer, Neal)
June 20, 2018 Opinion or Order Filing 102 LETTER addressed to Judge Gregory H. Woods from Josef Nussbaum dated 6/20/2018 re: Status Update. Document filed by Pavle Zivkovic.(Nussbaum, Yosef)
June 20, 2018 Opinion or Order Filing 101 AMENDED ANSWER to #1 Complaint. Document filed by Laura Christy LLC. (Bianco, Maria Louisa)
June 19, 2018 Opinion or Order Filing 100 ORDER granting #87 Motion to Amend/Correct. Defendants' motion to amend their answers, Dkt. No. 87, is granted. The Court has reviewed the parties' submissions regarding Defendants' motion to amend their answers, Dkt. Nos. 88-89, 94-95, 97-98, and concludes that good cause exists because, inter alia, Defendants' proposed amendment would not result in significant prejudice to Plaintiffs, see CAC Atl., LLC v. Hartford Fire Ins. Co., No. 1:16-cv-5454-GHW, 2017 WL 3149340, at *4 (S.D.N.Y. July 25, 2017). The Court declines to decide at this stage whether the affirmative defenses found in N.Y. Labor Law 198(1-b) and (1-d) can be invoked in defense of Defendants' alleged use of a "tip credit," and therefore whether Defendants' proposed added defense would be futile. Instead, the Court defers resolution of the merits of the added defense to any motions for summary judgment. See id. at *4 n.6. The deadline for Defendants to amend their answers is June 22, 2018. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (Woods, Gregory)
June 19, 2018 Opinion or Order Filing 99 ORDER granting #96 Letter Motion for Extension of Time. Plaintiffs' request for an extension of time to take the Fed. R. Civ. P. 30(b)(6) deposition of Laura Christy Midtown LLC, and the parties' request for an extension of the deadlines to file motions for summary judgment and class certification, Dkt. No. 96, are granted. The deadline for Plaintiffs to take the 30(b)(6) deposition of Laura Christy Midtown LLC is extended to June 25, 2018. The deadline for the submission of Plaintiffs proposed motion for class certification is extended to July 26, 2018. Plaintiffs are directed to comply with the Courts Individual Rule 2(C) before filing such a motion. The deadline for the submission of motions for summary judgment is extended to July 26, 2018. Pursuant to the Courts Individual Rule 2(C) and the Case Management Plan and Scheduling Order, Dkt. No. 27, a request for a pre-motion conference regarding a proposed motion for summary judgment must be made no later than one week after the close of all discovery. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (Woods, Gregory)
June 18, 2018 Opinion or Order Filing 98 DECLARATION of Milo Silberstein in Support re: #87 MOTION to Amend/Correct #13 Answer to Complaint, Counterclaim, #11 Answer to Complaint .. Document filed by Laura Christy LLC. (Attachments: #1 Exhibit Payroll Recods)(Bianco, Maria Louisa)
June 18, 2018 Opinion or Order Filing 97 REPLY MEMORANDUM OF LAW in Support re: #87 MOTION to Amend/Correct #13 Answer to Complaint, Counterclaim, #11 Answer to Complaint . . Document filed by Laura Christy LLC. (Bianco, Maria Louisa)
June 18, 2018 Opinion or Order Filing 96 LETTER MOTION for Extension of Time addressed to Judge Gregory H. Woods from Josef Nussbaum dated 6/18/2018. Document filed by Pavle Zivkovic.(Nussbaum, Yosef)
June 13, 2018 Opinion or Order Filing 95 MEMORANDUM OF LAW in Opposition re: #87 MOTION to Amend/Correct #13 Answer to Complaint, Counterclaim, #11 Answer to Complaint . . Document filed by Vito Avella, Julia Boyadjan, Arben Buqaj, Adrian Celmeta, Jesus Espinosa, Ulas Geckil, Vojislav Knezevic, Ulas Konca, Fernando Marin, Diana Martha Michos, Rafael Moctesuma, Alejandra C Rindon, Ricardo Sanchez, Imram Shonar, Pavle Zivkovic. (Buzzard, Lucas)
June 13, 2018 Opinion or Order Filing 94 DECLARATION of Lucas C. Buzzard in Opposition re: #87 MOTION to Amend/Correct #13 Answer to Complaint, Counterclaim, #11 Answer to Complaint .. Document filed by Vito Avella, Julia Boyadjan, Arben Buqaj, Adrian Celmeta, Jesus Espinosa, Ulas Geckil, Vojislav Knezevic, Ulas Konca, Fernando Marin, Diana Martha Michos, Rafael Moctesuma, Alejandra C Rindon, Ricardo Sanchez, Imram Shonar, Pavle Zivkovic. (Attachments: #1 Exhibit A (Ghatanfard Dep.), #2 Exhibit B (Ghatanfard Exhibits), #3 Exhibit C (Heuschneider Dep.), #4 Exhibit D (Heushneider Exhibits), #5 Exhibit E (Ahmed Notice of Motion for Leave to Appeal))(Buzzard, Lucas)
June 13, 2018 Opinion or Order Filing 93 NOTICE OF APPEARANCE by Lucas Colin Buzzard on behalf of Vito Avella, Julia Boyadjan, Arben Buqaj, Adrian Celmeta, Jesus Espinosa, Ulas Geckil, Vojislav Knezevic, Ulas Konca, Fernando Marin, Diana Martha Michos, Rafael Moctesuma, Alejandra C Rindon, Ricardo Sanchez, Imram Shonar, Pavle Zivkovic. (Buzzard, Lucas)
June 8, 2018 Opinion or Order Filing 92 ORDER granting in part and denying in part #91 Letter Motion for Extension of Time. Plaintiffs' request for an extension of time to respond to Defendants' motion to amend, Dkt. No. 91, is granted in part. Plaintiffs' time to respond to Defendants' motion to amend is extended to June 13, 2018. Defendants' reply, if any, is due no later than 4 days after service of Plaintiffs' opposition. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (Woods, Gregory)
June 7, 2018 Opinion or Order Filing 91 LETTER MOTION for Extension of Time addressed to Judge Gregory H. Woods from Josef Nussbaum dated 6/7/2018. Document filed by Pavle Zivkovic.(Nussbaum, Yosef)
June 6, 2018 Opinion or Order Filing 90 ORDER. No later than June 11, 2018, Plaintiffs are directed to respond to Defendants' Motion to Amend, Dkt. Nos. 87-89, by either informing the Court that they do not oppose Defendants' motion, or by submitting an opposition to the motion. If Plaintiffs oppose Defendants' motion, Defendants' reply, if any, is due no later than 4 days after service of Plaintiffs' opposition. (HEREBY ORDERED by Judge Gregory H. Woods on June 6, 2018) (Text Only Order)(Woods, Gregory)
June 4, 2018 Opinion or Order Filing 89 DECLARATION of Milo Silberstein in Support re: #87 MOTION to Amend/Correct #13 Answer to Complaint, Counterclaim, #11 Answer to Complaint .. Document filed by Laura Christy LLC. (Attachments: #1 Exhibit Ahmed v. Morgans Hotel Decision, #2 Errata Ahmed v. Morgans Hotel Appellate Decision, #3 Exhibit Proposed Amended Complaint Laura Christy LLC, #4 Exhibit Proposed Amended Complaint Laura Christy Midtown LLC)(Bianco, Maria Louisa)
June 4, 2018 Opinion or Order Filing 88 MEMORANDUM OF LAW in Support re: #87 MOTION to Amend/Correct #13 Answer to Complaint, Counterclaim, #11 Answer to Complaint . . Document filed by Laura Christy LLC. (Bianco, Maria Louisa)
June 4, 2018 Opinion or Order Filing 87 MOTION to Amend/Correct #13 Answer to Complaint, Counterclaim, #11 Answer to Complaint . Document filed by Laura Christy LLC.(Bianco, Maria Louisa)
April 12, 2018 Opinion or Order Filing 86 ORDER. In light of the limited-purpose extension of fact discovery, Dkt. No. 79, he Court sua sponte adjourns the status conference currently scheduled for April 16, 2018, Dkt. No. 62, to June 27, 2018 at 4:00 p.m. The joint letter described in the Case Management Plan, Dkt. No. 27, is due no later than June 20, 2018. (HEREBY ORDERED by Judge Gregory H. Woods on April 12, 2018) (Text Only Order)(Woods, Gregory)
March 5, 2018 Opinion or Order Filing 85 ORDER granting #78 Letter Motion to Compel. As discussed during the telephone conference held on March 2, 2018, Plaintiffs' motion to compel Defendants to provide the last known addresses for Defendants' three former managers, Hadi Alavian, David Morganelli, and Carlos Montoya, and to extend fact discovery for the limited purpose of taking the depositions of these three individuals, Dkt. No. 78, is granted. Defendants are directed to provide Plaintiffs with the last known addresses of the three former managers no later than March 9, 2018. Plaintiffs may take the depositions of the three former managers during the limited fact discovery period ending on June 23, 2018, Dkt. No. 79. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (Woods, Gregory)
March 5, 2018 Opinion or Order Filing 84 ORDER granting #82 Letter Motion for Discovery/Dismiss Vito Avella for Failure to Appear. As discussed during the March 2, 2018 telephone conference, following opt-in plaintiff Vito Avella's failure to appear for his court-ordered deposition, Dkt. No. 82, the parties consent to the dismissal of Mr. Avella from this action. The Clerk of Court is directed to remove Vito Avella's name from the caption of this case, and to terminate the motion pending at Dkt. No. 82. Vito Avella terminated. (Signed by Judge Gregory H. Woods on 3/2/2018) (mro)
March 2, 2018 Opinion or Order Minute Entry for proceedings held before Judge Gregory H. Woods: Telephone Conference held on 3/2/2018. (Daniels, Anthony)
March 1, 2018 Opinion or Order Filing 83 ORDER. The Court will hold a telephone conference to discuss the parties' submissions regarding discovery disputes, Dkt Nos. 78, 80-82, on March 2, 2018 at 3:30 p.m. The parties are directed to call Chambers (212-805-0296) at that time with all parties on the line. (HEREBY ORDERED by Judge Gregory H. Woods on March 1, 2018) (Text Only Order)(Woods, Gregory)
February 27, 2018 Opinion or Order Filing 82 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER MOTION for Discovery Dismiss Vito Avella for Failure to Appear addressed to Judge Gregory H. Woods from Milo Silberstein dated February 27, 2018. Document filed by Laura Christy LLC.(Silberstein, Milo) Modified on 4/19/2018 (ldi).
February 15, 2018 Opinion or Order Filing 81 LETTER addressed to Judge Gregory H. Woods from D. Maimon Kirschenbaum dated 2/15/2018 re: Defendants' Dilatory Tactics and Appropriate Relief. Document filed by Pavle Zivkovic. (Attachments: #1 Exhibit A, #2 Exhibit B)(Kirschenbaum, Daniel)
February 15, 2018 Opinion or Order Filing 80 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER MOTION to Compel Opposition to Plaintiffs' Motion to Compel addressed to Judge Gregory H. Woods from Milo Silberstein dated February 15, 2018. Document filed by Laura Christy LLC. (Attachments: #1 Exhibit Email Correspondence, #2 Exhibit Declaration)(Silberstein, Milo) Modified on 4/16/2018 (db).
February 15, 2018 Opinion or Order Filing 79 ORDER. As discussed during the telephone conference held on February 14, 2018, the parties request for an extension of time to complete discovery, Dkt. No. 71, is granted in part. The deadline for the completion of fact discovery is extended to June 23, 2018 for the limited purpose of permitting the defendants to take the depositions of opt-in plaintiffs Alexandra Rindon, Vito Avella, and Diana Martha Michos and permitting the the plaintiffs to take renewed Rule 30(b)(6) depositions of representatives of Laura Christy LLC and Laura Christy Midtown LLC. Opt-in plaintiffs Alexandra Rindon, Vito Avella, and Diana Martha Michos are ordered to appear for depositions in the offices of Milo Silberstein, 225 Broadway, Suite 1405, New York, NY 10007, on February 27, 2018; provided, however, that the parties may agree to an earlier date on which to hold these depositions. The deadline for submission of a motion for class certification is extended to June 28, 2018. (HEREBY ORDERED by Judge Gregory H. Woods on February 15, 2018) (Text Only Order)(Woods, Gregory)
February 14, 2018 Opinion or Order Minute Entry for proceedings held before Judge Gregory H. Woods: Telephone Conference held on 2/14/2018. (Daniels, Anthony)
February 14, 2018 Opinion or Order Filing 78 LETTER MOTION to Compel Defendants Laura Christy Midtown LLC and David Ghatanfard to Disclose Information addressed to Judge Gregory H. Woods from Josef Nussbaum dated 2/14/2018. Document filed by Pavle Zivkovic. (Attachments: #1 Exhibit A)(Nussbaum, Yosef)
February 14, 2018 Opinion or Order Filing 77 ORDER granting #75 Letter Motion for Local Rule 37.2 Conference. The Court will address the discovery disputes outlined in Plaintiffs' February 13, 2018 letter, Dkt. No. 75, at the February 14, 2018 telephone conference scheduled for 2:00 p.m. As outlined in the Court's February 13, 2018 order, Dkt. No. 74, the parties are directed to call Chambers (212-805-0296) at that time with all parties on the line. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (Woods, Gregory)
February 14, 2018 Opinion or Order Filing 76 NOTICE of Withdrawal of Consent to Sue Form re: #48 Consent to Join Class, #49 Consent to Join Class. Document filed by Jesus Espinosa, Rafael Moctesuma. (Nussbaum, Yosef)
February 13, 2018 Opinion or Order Filing 75 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER MOTION for Local Rule 37.2 Conference addressed to Judge Gregory H. Woods from Josef Nussbaum dated 2/13/2018. Document filed by Pavle Zivkovic. (Attachments: #1 Exhibit A)(Nussbaum, Yosef) Modified on 4/16/2018 (db).
February 13, 2018 Opinion or Order Filing 74 ORDER. The Court will hold a telephone conference on February 14, 2018 at 2:00 p.m. regarding the discovery dispute outlined in Defendants' February 13, 2018 letter, Dkt. No. 73. The parties are directed to call Chambers (212-805-0296) at that time with all parties on the line. (HEREBY ORDERED by Judge Gregory H. Woods on February 13, 2018) (Text Only Order)(Woods, Gregory)
February 13, 2018 Opinion or Order Filing 73 LETTER MOTION for Conference addressed to Judge Gregory H. Woods from Milo Silberstein dated February 13, 2018. Document filed by Laura Christy LLC.(Silberstein, Milo)
February 12, 2018 Opinion or Order Filing 72 ORDER granting in part and denying in part #71 Letter Motion for Extension of Time to Complete Discovery. Application granted in part and denied in part. The parties' request for entry of a stay of discovery in this matter is denied. The parties' request for an extension of time to file motions for summary judgment is granted. The parties' obligation to submit pre-motion letters in accordance with paragraph 10 of the case management plan is adjourned to May 31, 2018. The deadline for submission of motions for summary judgment, if any, is extended to June 28, 2018. The Clerk of Court is directed to terminate the motion pending at Dkt. No. 71. Motions due by 6/28/2018. (Signed by Judge Gregory H. Woods on 2/10/2018) (mro)
February 9, 2018 Opinion or Order Filing 71 LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Gregory H. Woods from Milo Silberstein dated February 9, 2018. Document filed by Laura Christy LLC.(Silberstein, Milo)
January 31, 2018 Opinion or Order Filing 70 NOTICE of of Withdrawal of Consent to Sue Form re: #69 Consent to Join Class. Document filed by Ulas Konca. (Nussbaum, Yosef)
January 30, 2018 Opinion or Order Filing 69 CONSENT TO JOIN CLASS. Document filed by Ulas Konca.(Nussbaum, Yosef)
January 30, 2018 Opinion or Order Filing 68 ORDER denying #65 Letter Motion for Discovery. Plaintiff's request to compel Defendants to provide and pay for interpreters at the depositions of opt-in Plaintiffs Fernando Marin and Ricardo Sanchez, Dkt. No. 64, is granted. Defendants' request for the Court to prohibit the use of interpreters at those depositions, Dkt. No. 65, is denied. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (Woods, Gregory)
January 30, 2018 Opinion or Order Filing 67 ORDER granting #64 Letter Motion to Compel. Plaintiff's request to compel Defendants to provide and pay for interpreters at the depositions of opt-in Plaintiffs Fernando Marin and Ricardo Sanchez, Dkt. No. 64, is granted. Defendants' request for the Court to prohibit the use of interpreters at those depositions, Dkt. No. 65, is denied. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (Woods, Gregory)
January 29, 2018 Opinion or Order Minute Entry for proceedings held before Judge Gregory H. Woods: Telephone Conference held on 1/29/2018. (Court Reporter Anita Trombetta) (Daniels, Anthony)
January 26, 2018 Opinion or Order Filing 66 ORDER. The Court will hold a teleconference to discuss the dispute outlined in the parties' January 26, 2018 letters, Dkt. Nos. 64 and 65, on January 29, 2018 at 9:15 a.m. The parties are directed to call Chambers (212-805-0296) at that time with all parties on the line. (Signed by Judge Gregory H. Woods on January 26, 2018) (Woods, Gregory)
January 26, 2018 Opinion or Order Filing 65 LETTER MOTION for Discovery addressed to Judge Gregory H. Woods from Neal S. Comer, Esq. dated January 26, 2018. Document filed by David Ghatanfard, Laura Christy Midtown LLC, Genco Luca.(Comer, Neal)
January 26, 2018 Opinion or Order Filing 64 LETTER MOTION to Compel All Defendants to provide and pay for interpreters at depositions addressed to Judge Kimba M. Wood from Josef Nussbaum dated 1/26/2018. Document filed by Fernando Marin, Ricardo Sanchez.(Nussbaum, Yosef)
November 20, 2017 Opinion or Order Filing 63 CONSENT TO JOIN CLASS. Document filed by Ricardo Sanchez.(Nussbaum, Yosef)
November 17, 2017 Opinion or Order Filing 62 ORDER granting #59 Letter Motion for Extension of Time to Complete Discovery. Application granted. The deadline for the completion of all fact discovery is extended to February 16, 2018. The deadline for the completion of all expert discovery is extended to April 2, 2018. Every party-proponent of a claim (including any counterclaim, cross-claim, or third-party claim) that intends to offer expert testimony in respect of such claim must make the disclosures required by Fed. R. Civ. P. 26(a)(2) by February 16, 2018. Every party-opponent of such claim that intends to offer expert testimony in opposition to such claim must make the disclosures required by Fed. R. Civ. P. 26(a)(2) by March 2, 2018. The deadline for submission of motions for summary judgment, if any, is extended to April 30, 2018. The status conference scheduled for February 16, 2018 is adjourned to April 16, 2018 at 4:00 p.m. The joint status letter requested in the case management plan and scheduling order entered on July 5, 2017, Dkt. No. 27, is due no later than April 9, 2018. Except as expressly modified by this order, the case management plan entered by the Court on July 5, 2017, Dkt. No. 27, remains in full force and effect. SO ORDERED. (Signed by Judge Gregory H. Woods on 11/17/2017) (anc)
November 17, 2017 Opinion or Order Set/Reset Deadlines: Expert Discovery due by 4/2/2018. Fact Discovery due by 2/16/2018. Motions due by 4/30/2018. Set/Reset Hearings: Status Conference set for 4/16/2018 at 04:00 PM before Judge Gregory H. Woods. (anc)
November 16, 2017 Opinion or Order Filing 61 WITHDRAWAL OF CLAIM. Document filed by Adrian Celmeta, Imram Shonar. (Nussbaum, Yosef)
November 16, 2017 Opinion or Order Filing 60 CONSENT TO JOIN CLASS. Document filed by Pavle Zivkovic, Julia Boyadjan.(Nussbaum, Yosef)
November 15, 2017 Opinion or Order Filing 59 LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Gregory H. Woods from Milo Silberstein dated November 15, 2017. Document filed by David Ghatanfard, Laura Christy LLC, Laura Christy Midtown LLC, Genco Luca.(Silberstein, Milo)
November 2, 2017 Opinion or Order Filing 58 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 10/19/17 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly)
November 2, 2017 Opinion or Order Filing 57 TRANSCRIPT of Proceedings re: CONFRENCE held on 10/19/2017 before Judge Gregory H. Woods. Court Reporter/Transcriber: Thomas Murray, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/24/2017. Redacted Transcript Deadline set for 12/4/2017. Release of Transcript Restriction set for 1/31/2018.(McGuirk, Kelly)
October 19, 2017 Opinion or Order Minute Entry for proceedings held before Judge Gregory H. Woods: Status Conference held on 10/19/2017. (Court Reporter Tom Murray) (Daniels, Anthony)
October 18, 2017 Opinion or Order Filing 56 MEMO ENDORSEMENT on re: #55 Letter filed by Genco Luca, David Ghatanfard, Laura Christy Midtown LLC. ENDORSEMENT: Application granted. The conference currently scheduled for October 19, 2017 at 11:00 a.m. is adjourned to October 19, 2017 at 3:30 p.m. (Status Conference set for 10/19/2017 at 03:30 PM before Judge Gregory H. Woods.) (Signed by Judge Gregory H. Woods on 10/18/2017) (tn)
October 18, 2017 Opinion or Order Filing 55 LETTER addressed to Judge Gregory H. Woods from Neal S. Comer, Esq. dated October 18, 2017 re: Adjourn conference to the afternoon. Document filed by David Ghatanfard, Laura Christy Midtown LLC, Genco Luca.(Comer, Neal)
October 17, 2017 Opinion or Order Filing 54 ORDER. The Court will hold a conference to discuss counsel's October 16, 2017 letter, Dkt. No. 52, on October 19, 2017 at 11:00 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. (HEREBY ORDERED by Judge Gregory H. Woods on October 17, 2017) (Text Only Order)(Woods, Gregory)
October 17, 2017 Opinion or Order Filing 53 LETTER addressed to Judge Gregory H. Woods from Josef Nussbaum dated 10/17/2017 re: Response to Defendants' October 16, 2017 letter. Document filed by Pavle Zivkovic.(Nussbaum, Yosef)
October 16, 2017 Opinion or Order Filing 52 LETTER addressed to Judge Gregory H. Woods from Neal S. Comer, Esq. dated October 16, 2017 re: forged opt-in form. Document filed by David Ghatanfard, Laura Christy Midtown LLC, Genco Luca. (Attachments: #1 Affidavit)(Comer, Neal)
September 25, 2017 Opinion or Order Filing 51 CONSENT TO JOIN CLASS. Document filed by Pavle Zivkovic, Fernando Marin.(Nussbaum, Yosef)
September 18, 2017 Opinion or Order Filing 50 CONSENT TO JOIN CLASS. Document filed by Pavle Zivkovic, Diana Martha Michos.(Nussbaum, Yosef)
September 11, 2017 Opinion or Order Filing 49 CONSENT TO JOIN CLASS. Document filed by Pavle Zivkovic, Jesus Espinosa.(Nussbaum, Yosef)
September 11, 2017 Opinion or Order Filing 48 CONSENT TO JOIN CLASS. Document filed by Pavle Zivkovic, Rafael Moctesuma.(Nussbaum, Yosef)
August 31, 2017 Opinion or Order Filing 47 CONSENT TO JOIN CLASS. Document filed by Pavle Zivkovic, Vito Avella.(Nussbaum, Yosef)
August 28, 2017 Opinion or Order Filing 46 CONSENT TO BECOME PARTY PLAINTIFF UNDER THE F.L.S.A.. Document filed by Pavle Zivkovic, Alejandra C Rindon.(Nussbaum, Yosef)
August 28, 2017 Opinion or Order Filing 45 CONSENT TO BECOME PARTY PLAINTIFF UNDER THE F.L.S.A.. Document filed by Pavle Zivkovic, Adrian Celmeta.(Nussbaum, Yosef)
August 25, 2017 Opinion or Order Filing 44 CONSENT TO BECOME PARTY PLAINTIFF UNDER THE F.L.S.A.. Document filed by Pavle Zivkovic, Imram Shonar.(Nussbaum, Yosef)
August 24, 2017 Opinion or Order Filing 43 NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 07/05/2017 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Jackson, Jasmine)
August 24, 2017 Opinion or Order Filing 42 TRANSCRIPT of Proceedings re: CONFERENCE held on 7/5/2017 before Judge Gregory H. Woods. Court Reporter/Transcriber: Jennifer Thun, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/14/2017. Redacted Transcript Deadline set for 9/25/2017. Release of Transcript Restriction set for 11/22/2017.(Jackson, Jasmine)
August 21, 2017 Opinion or Order Filing 41 NOTICE of Withdrawal of Consent to Sue re: #36 Consent to Become Party Plaintiff, #21 Consent to Become Party Plaintiff. Document filed by Arben Buqaj, Ulas Geckil, Vojislav Knezevic, Pavle Zivkovic. (Nussbaum, Yosef)
August 15, 2017 Opinion or Order Filing 40 ORDER granting #37 Letter Motion to Compel; granting #38 Letter Motion to Compel. As discussed during the teleconference held on August 11, 2017, Plaintiff's motion to compel Defendants to produce a legible list of potential FLSA collective members, Dkt. No. 38, is granted. Defendants are directed to produce a legible list of potential FLSA collective members no later than August 14, 2017. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (Woods, Gregory)
August 11, 2017 Opinion or Order Minute Entry for proceedings held before Judge Gregory H. Woods: Telephone Conference held on 8/11/2017. (Court Reporter Eve Giniger) (Daniels, Anthony)
August 9, 2017 Opinion or Order Filing 39 ORDER. The Court will hold a teleconference to discuss Plaintiff's proposed motion to compel, Dkt. No. 38, on August 11, 2017 at 1:00 p.m. The parties are directed to call Chambers (212-805-0296) at that time with all parties on the line. (Signed by Judge Gregory H. Woods on August 9, 2017) (Woods, Gregory)
August 7, 2017 Opinion or Order Filing 38 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - SECOND LETTER MOTION to Compel Laura Christy Midtown LLC, David Ghatanfard and Genco Luca to Produce List of Potential FLSA Collective Members addressed to Judge Gregory H. Woods from Josef Nussbaum dated 8/7/2017. Document filed by Pavle Zivkovic. (Attachments: #1 Exhibit A)(Nussbaum, Yosef) Modified on 10/2/2017 (db).
August 7, 2017 Opinion or Order Filing 37 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER MOTION to Compel Laura Christy Midtown LLC, David Ghatanfard and Genco Luca to Produce List of Potential FLSA Collective Members addressed to Judge Gregory H. Woods from Josef Nussbaum dated 8/7/2017. Document filed by Pavle Zivkovic.(Nussbaum, Yosef) Modified on 10/2/2017 (db).
August 7, 2017 Opinion or Order Filing 36 CONSENT TO BECOME PARTY PLAINTIFF UNDER THE F.L.S.A.. Document filed by Ulas Geckil, Vojislav Knezevic, Pavle Zivkovic, Arben Buqaj.(Nussbaum, Yosef)
July 24, 2017 Opinion or Order Filing 35 STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED, by and between the Parties in the above captioned action, that: Notice of Pendency of this Lawsuit and opt-in forms shall be sent to current and former front-of-the-house, tipped, food-service employees, including without limitation, captains, servers, runners, bussers and bartenders, employed by Laura Christy LLC d/b/a Valbella and Laura Christy Midtown LLC between May 25, 2014 and the present (Potential FLSA Collective Members); and as further set forth herein. The Court approves this stipulation, provided that the parties correct the typographical error in the final sentence of Exhibit B (i.e., delete the additional "I"). SO ORDERED. (Signed by Judge Gregory H. Woods on 7/24/2017) (anc)
July 24, 2017 Opinion or Order ***REJECTION OF DISCOVERY MATERIAL. Note to Attorney Neal Sanford Comer, the following discovery material(s) Rule 26 Initial Disclosures, Document No. 34 was rejected by the Clerk's Office. The discovery material(s) was not ordered filed by the Court. (ka)
July 20, 2017 Opinion or Order Filing 34 FILING ERROR - DISCOVERY DOCUMENT NOT ORDERED FILED BY COURT - RULE 26 DISCLOSURE.Document filed by David Ghatanfard, Laura Christy Midtown LLC, Genco Luca.(Comer, Neal) Modified on 7/24/2017 (ka).
July 17, 2017 Opinion or Order Minute Entry for proceedings held before Judge Gregory H. Woods: Telephone Conference held on 7/17/2017. (Court Reporter Raquel Robles) (Daniels, Anthony)
July 13, 2017 Opinion or Order Filing 33 ORDER. The Court will hold a teleconference to discuss the parties' dispute concerning the proposed notice of pendency on July 17, 2017 at 2:00 p.m. The parties are directed to call Chambers (212-805-0296) at that time with all parties on the line. (HEREBY ORDERED by Judge Gregory H. Woods on July 13, 2017) (Text Only Order)(Woods, Gregory)
July 12, 2017 Opinion or Order Filing 32 LETTER addressed to Judge Gregory H. Woods from D. Maimon Kirschenbaum dated 7/12/2017 re: Defendants' Letter to Court Earlier Today. Document filed by Pavle Zivkovic.(Kirschenbaum, Daniel)
July 12, 2017 Opinion or Order Filing 31 LETTER addressed to Judge Gregory H. Woods from Neal S. Comer dated July 12, 2017 re: dispute re notice of pendency. Document filed by David Ghatanfard, Laura Christy Midtown LLC.(Comer, Neal)
July 11, 2017 Opinion or Order Filing 30 LETTER addressed to Judge Gregory H. Woods from D. Maimon Kirschenbaum dated 7/11/2017 re: Revised Notice of Pendency of FLSA Lawsuit. Document filed by Pavle Zivkovic. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Kirschenbaum, Daniel)
July 11, 2017 Opinion or Order ***REJECTION OF DISCOVERY MATERIAL. Note to Attorney Neal Sanford Comer, the following discovery material(s) REQUEST for Production of Documents and FIRST SET OF INTERROGATORIES, Document No. 28 and 29 were rejected by the Clerk's Office. The discovery material(s) was not ordered filed by the Court. (lb)
July 7, 2017 Opinion or Order Filing 29 FILING ERROR - DISCOVERY DOCUMENT NOT ORDERED FILED BY COURT - FIRST SET OF INTERROGATORIES to Pavle Zivkovic.Document filed by David Ghatanfard, Laura Christy Midtown LLC, Genco Luca.(Comer, Neal) Modified on 7/11/2017 (lb).
July 7, 2017 Opinion or Order Filing 28 FILING ERROR - DISCOVERY DOCUMENT NOT ORDERED FILED BY COURT - REQUEST for Production of Documents.Document filed by David Ghatanfard, Laura Christy Midtown LLC, Genco Luca.(Comer, Neal) Modified on 7/11/2017 (lb).
July 5, 2017 Opinion or Order Filing 27 CIVIL CASE MANAGEMENT PLAN AND SCHEDULING ORDER: This Civil Case Management Plain is submitted by the parties in accordance with Fed. R. Civ. P. 26(f)(3). All parties do not consent all further proceedings before a United States Magistrate Judge, including motions and trial. 28 U.S.C.636(c). All Fact Discovery due by 12/18/2017. Deposition due by 12/11/2017. All Expert Discovery due by 2/2/2018. Motions due by 3/2/2018. This case is to be tried to a jury. Counsel for the parties hav conferred and their present best estimate of the length of trial is 5 days. Status Conference set for 2/16/2018 at 04:00 PM before Judge Gregory H. Woods. And as set forth herein. SO ORDERED. (Signed by Judge Gregory H. Woods on 7/05/2017) (ama)
July 5, 2017 Opinion or Order Minute Entry for proceedings held before Judge Gregory H. Woods: Initial Pretrial Conference held on 7/5/2017. (Court Reporter Jennifer Thun) (Daniels, Anthony)
June 30, 2017 Opinion or Order Filing 26 LETTER addressed to Judge Gregory H. Woods from Neal S. Comer, Esq. dated June 30, 2017 re: supplement to joint pre-conference letter. Document filed by David Ghatanfard, Laura Christy Midtown LLC.(Comer, Neal)
June 29, 2017 Opinion or Order Filing 25 ORDER. In the Court's order dated June 1, 2017, Dkt. No. 23, the parties were directed to submit via email a proposed case management plan and scheduling order in PDF format at least one week before the initial pretrial conference. The Court has not received that proposed case management plan and scheduling order. The parties are directed to comply with the Court's June 1, 2017 order forthwith. (HEREBY ORDERED by Judge Gregory H. Woods on June 29, 2017) (Text Only Order)(Woods, Gregory)
June 28, 2017 Opinion or Order Filing 24 LETTER addressed to Judge Gregory H. Woods from Josef Nussbaum dated 6/28/2017 re: Initial Pretrial Conference. Document filed by Pavle Zivkovic. (Attachments: #1 Exhibit 1)(Nussbaum, Yosef)
June 1, 2017 Opinion or Order Filing 23 NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 7/5/2017 at 11:00 AM in Courtroom 12C, 500 Pearl Street, New York, NY 10007 before Judge Gregory H. Woods. And as further set forth in this Order. SO ORDERED. (Signed by Judge Gregory H. Woods on 6/1/2017) (anc)
May 25, 2017 Opinion or Order Mediator Session Held on 5/23/2017 at Mediator's Office.(mf)
April 28, 2017 Opinion or Order Filing 21 CONSENT TO BECOME PARTY PLAINTIFF UNDER THE F.L.S.A. and N.Y.L.L.. Document filed by Vojislav Knezevic, Pavle Zivkovic, Ulas Geckil.(Nussbaum, Yosef)
April 27, 2017 Opinion or Order Filing 20 CONSENT TO BECOME PARTY PLAINTIFF UNDER THE F.L.S.A. and N.Y.L.L.. Document filed by Pavle Zivkovic, Vojislav Knezevic.(Nussbaum, Yosef)
April 26, 2017 Opinion or Order MEDIATOR SESSION SCHEDULED First Mediation Session scheduled for 5/23/2017, 11:00 AM at the Offices of the Mediator.(cda)
April 20, 2017 Opinion or Order Filing 19 ANSWER to #13 Counterclaim. Document filed by Pavle Zivkovic.(Nussbaum, Yosef)
April 6, 2017 Opinion or Order Filing 18 LETTER addressed to Judge Gregory H. Woods from Josef Nussbaum dated 4/6/2017 re: Referral to Magistrate Judge. Document filed by Pavle Zivkovic.(Nussbaum, Yosef)
April 6, 2017 Opinion or Order Filing 17 ORDER. In the Court's order dated January 27, 2017, Dkt. No. 5, the parties were directed to discuss whether they are willing to consent to conducting all further proceedings before the assigned Magistrate Judge and to inform the Court of the parties' decision no later than March 10, 2017. The Court has not received information regarding the parties' decision. The parties are directed to comply with the Court's January 27, 2017 order forthwith. (HEREBY ORDERED by Judge Gregory H. Woods on April 6, 2017) (Text Only Order)(Woods, Gregory)
April 5, 2017 Opinion or Order NOTICE OF MEDIATOR ASSIGNMENT - Notice of assignment of mediator. Mediator Schedule due by 5/5/2017.(cda)
March 31, 2017 Opinion or Order Filing 16 MEDIATION REFERRAL ORDER FOR CASES FILED UNDER THE FAIR LABOR STANDARDS ACT 29 U.S.C. Sec. 201 et seq. This case, involving claims under the Fair Labor Standards Act (FLSA), 29 U.S.C. Sec. 201 et seq., has been assigned to this Court for all purposes. In the Courts experience, cases involving FLSA claims often benefit from early mediation. To that end, prior to a Rule 16(b) case management conference the Court is referring this case to the Mediation Office for settlement purposes under Local Civil Rule 83.9. To facilitate mediation the parties shall, within four weeks of this Order, confer and provide the items set forth in this Order. Mediator to be Assigned by 4/10/2017. (Signed by Judge Gregory H. Woods on 10/3/16) (mf)
March 30, 2017 Opinion or Order Filing 15 NOTICE OF APPEARANCE by Leonard I. Spielberg on behalf of Laura Christy Midtown LLC. (Spielberg, Leonard)
March 30, 2017 Opinion or Order Filing 14 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Laura Christy Midtown LLC.(Comer, Neal)
March 30, 2017 Opinion or Order Filing 13 ANSWER to Complaint., COUNTERCLAIM against Pavle Zivkovic. Document filed by Genco Luca, Laura Christy Midtown LLC, David Ghatanfard.(Comer, Neal)
March 30, 2017 Opinion or Order Filing 12 FILING ERROR - DEFICIENT DOCKET ENTRY - ANSWER to Complaint., COUNTERCLAIM against Laura Christy Midtown LLC. Document filed by David Ghatanfard.(Comer, Neal) Modified on 3/30/2017 (ldi).
March 30, 2017 Opinion or Order Filing 11 ANSWER to #1 Complaint. Document filed by Laura Christy LLC.(Silberstein, Milo)
March 30, 2017 Opinion or Order Filing 10 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Laura Christy LLC.(Silberstein, Milo)
March 30, 2017 Opinion or Order Filing 9 NOTICE OF APPEARANCE by Maria Louisa Bianco on behalf of Laura Christy LLC. (Bianco, Maria Louisa)
March 30, 2017 Opinion or Order Filing 8 NOTICE OF APPEARANCE by Milo Silberstein on behalf of Laura Christy LLC. (Silberstein, Milo)
March 16, 2017 Opinion or Order Filing 7 NOTICE OF APPEARANCE by Yosef Nussbaum on behalf of Pavle Zivkovic. (Nussbaum, Yosef)
February 2, 2017 Opinion or Order Filing 6 WAIVER OF SERVICE RETURNED EXECUTED. David Ghatanfard waiver sent on 2/2/2017, answer due 4/3/2017; Laura Christy LLC waiver sent on 2/2/2017, answer due 4/3/2017; Laura Christy Midtown LLC waiver sent on 2/2/2017, answer due 4/3/2017; Genco Luca waiver sent on 2/2/2017, answer due 4/3/2017. Document filed by Pavle Zivkovic. (Kirschenbaum, Daniel)
January 27, 2017 Opinion or Order Filing 5 ORDER: To conserve resources, to promote judicial efficiency, and in an effort to achieve a faster disposition of this matter, it is hereby ORDERED that the parties must discuss whether they are willing to consent, under 28 U.S.C. 636(c), to conducting all further proceedings before the assigned Magistrate Judge. (As further set forth in this Order.) (Signed by Judge Gregory H. Woods on 1/27/2017) (mro)
January 26, 2017 Opinion or Order Filing 4 ELECTRONIC SUMMONS ISSUED as to David Ghatanfard, Laura Christy LLC, Laura Christy Midtown LLC, Genco Luca. (kl)
January 26, 2017 Opinion or Order CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Gregory H. Woods. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (kl)
January 26, 2017 Opinion or Order Magistrate Judge Gabriel W. Gorenstein is so designated. (kl)
January 26, 2017 Opinion or Order Case Designated ECF. (kl)
January 25, 2017 Opinion or Order Filing 3 REQUEST FOR ISSUANCE OF SUMMONS as to Laura Christy LLC d/b/a Valbella, Laura Christy Midtown LLC, David Ghatanfard, Genco Luca, re: #1 Complaint. Document filed by Pavle Zivkovic. (Kirschenbaum, Daniel)
January 25, 2017 Opinion or Order Filing 2 CIVIL COVER SHEET filed. (Kirschenbaum, Daniel)
January 25, 2017 Opinion or Order Filing 1 COMPLAINT against David Ghatanfard, Laura Christy LLC, Laura Christy Midtown LLC, Genco Luca. (Filing Fee $ 400.00, Receipt Number 0208-13237689)Document filed by Pavle Zivkovic.(Kirschenbaum, Daniel)

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Plaintiff: Zivkovic
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Plaintiff: Vojislav Knezevic
Represented By: Lucas Colin Buzzard
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Plaintiff: Alejandra C Rindon
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Plaintiff: Rafael Moctesuma
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Plaintiff: Jesus Espinosa
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Plaintiff: Diana Martha Michos
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Plaintiff: Fernando Marin
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Represented By: Yosef Nussbaum
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Plaintiff: Julia Boyadjan
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Plaintiff: Ricardo Sanchez
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Plaintiff: Ulas Konca
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Defendant: Laura Christy LLC
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Defendant: Laura Christy LLC doing business as Valbella
Represented By: Amanda Elizabeth Maguire
Represented By: Marc David Braverman
Represented By: Maria Louisa Bianco
Represented By: Milo Silberstein
Represented By: Neal Sanford Comer
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Counter defendant: Pavle Zivkovic
Represented By: Yosef Nussbaum
Represented By: Daniel Maimon Kirschenbaum
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Counter defendant: Laura Christy Midtown LLC
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Counter claimant: David Ghatanfard
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Counter claimant: Genco Luca
Represented By: Milo Silberstein
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Interested party: Milton J Pirsos, CPA
Represented By: John Anthony Lentinello
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Interested party: Rosey Kalayjian
Represented By: Fred L. Seeman
Represented By: Maximillian Samuel Shifrin
Represented By: Michael Steven Gordon
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Interested party: Weiner LLC
Represented By: Fred L. Seeman
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