Sarikaputar et al v. Veratip Corp. et al
| Paranee Sarikaputar, Phouviengsone Sysouvong and Supunnee Sukasawett |
| Veratip Corp., J Akira LLC, ThaiNY Restaurant LLC, Ninety-Nine Plus Corp, Perapong Chotimanenophan, Shue-Lee Cheng Li, Michael P Bronstein, Chardenpong Oonapanyo and 9999 Midtown Corp |
| 1:2017cv00814 |
| February 2, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Queens |
| Andrew L. Carter |
| Fair Labor Standards Act |
| 29 U.S.C. ยง 201 |
| None |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
219
ORDER: Following a telephone conference held today to address Case No. 19-CV-11168 (ALC) (SDA) (the "2019 Case"), during which Case No. 17-CV-00814 (ALC) (SDA) (the "2017 Case) also was addressed, for the reasons stated on the re cord, it is hereby ORDERED that no later than Thursday, May 2, 2024, the parties shall file with the Court: 1. A stipulation in the 2019 Case addressing Plaintiffs' anticipated motion for conditional collective certification and any other matters upon which the parties agree. 2. A joint letter regarding both the 2019 Case and 2017 Case, which shall address: a.The status of both cases, including the Order to Show Cause (ECF No. 217) in the 2017 Case, dated June 23, 2023; b. Whether both cases should continue separately or in some consolidated manner; c. Any remaining issues ripe for resolution in either the 2019 Case or the 2017 Case; and d. A proposed schedule to bring both the 2019 Case and 2017 Case to conclusion, including a schedule for the completion of discovery. If the parties are unable to agree on a schedule, the parties' respective positions shall be set forth. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 4/25/2024) (kl)
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Filing
189
ORDER: As discussed in the telephonic conference held on March 23, 2023, Plaintiffs are ORDERED to move for default judgment as to the remaining non-appearing Defendants on or by April 6, 2023. The remaining non-appearing Defendants are ORDERED to fi le their opposition to the Plaintiffs' motion by April 20, 2023. Failure to do so will result in a grant of Plaintiffs' motion for default judgment. SO ORDERED., ( Motions due by 4/6/2023., Responses due by 4/20/2023) (Signed by Judge Andrew L. Carter, Jr on 3/27/2023) (ama)
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Filing
188
ORDER: The Court will hold a telephonic conference on March 23, 2023 at 4:00 PM Eastern Time. All parties shall appear and should contact the Court at 1-888-363-4749 (access code: 3768660). ( Telephone Conference set for 3/23/2023 at 04:00 PM before Judge Andrew L. Carter Jr.) (Signed by Judge Andrew L. Carter, Jr on 3/16/2023) (ate)
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Filing
183
ORDER granting 180 Letter Motion for Extension of Time; granting 182 Letter Motion for Extension of Time to File. The Court is in receipt of the Parties' letter requesting an extension to file a motion for approval of settlement. The Parties' request is granted nunc pro tunc. The Clerk of the Court is respectfully directed to terminate ECF Nos. 180 and 182. (Signed by Judge Andrew L. Carter, Jr on 11/22/2021) (ate)
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Filing
162
ORDER: The Court will hold a bench trial in this case beginning Monday, November 1, 2021 at 9:30 AM Eastern Time. To date, the following Defendants have neither answered nor moved: as set forth herein. Defendants are on notice that failure to appear could result in a judgment being entered against them. Plaintiffs are hereby ORDERED to serve a copy of this order on the defendants listed above. SO ORDERED., ( Bench Trial set for 11/1/2021 at 09:30 AM before Judge Andrew L. Carter Jr.) (Signed by Judge Andrew L. Carter, Jr on 10/28/2021) (ama)
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Filing
160
ORDER: The Parties shall comply with 5(D)(i) ("Additional Submissions in Non-Jury Cases") of Judge Carter's Individual Practices by Friday, October 29, 2021 at 9:30AM Eastern Time. The Parties shall deliver courtesy copies to Chambers. The Parties are reminded to review Judge Carter's Individual Practices. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 10/25/2021) (ate)
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Filing
152
ORDER: The Parties are hereby ORDERED to submit a Joint Status Report to the Court on or before October 22, 2021 indicating the progress of their settlement negotiations and whether they are prepared to proceed to trial. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 10/18/2021) (tg)
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Filing
147
ORDER: Accordingly, the Parties are hereby ORDERED to file a joint status report by no later than February 25, 2021 addressing the discrepancy. If the parties expect the trial to take longer than 5 to 6 days, the Parties should also provide additional availability for a bench trial in May and June. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 2/18/2021) (rj)
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Filing
144
ORDER: The Court is in receipt of the Parties joint status report filed on December 11, 2020. ECFNo. 143. Accordingly, the Parties are hereby ORDERED to file a joint status report by no later than December 22, 2020 advising the Court if they are a vailable for a bench trial the week of March 1, 2021 and the expected length of trial. The Parties are also hereby ORDERED to file a joint pretrial order in accordance with this Court's Individual Practices by no later than January 19, 2021. (Pretrial Order due by 1/19/2021.) (Signed by Judge Andrew L. Carter, Jr on 12/15/2020) (js)
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Filing
142
ORDER: On December 2, 2020 at 3:30 P.M., the Court held a telephone status conference with the Parties. The Parties are hereby ORDERED to submit a joint status report by December 11, 2020 providing details regarding how the Parties would like to proceed with the litigation. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 12/02/2020) (ama)
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Filing
141
ORDER: Defendants failed to appear at the scheduled telephone status conference on November 23, 2020 at 3:00 p.m. ECF No. 140. The Parties are hereby ORDERED to appear at a rescheduled status conference on December 2, 2020 at 3:30 p.m. The Parties should contact the Court at 1-888-363-4749 (access code: 3768660). So Ordered. (Status Conference set for 12/2/2020 at 03:30 PM before Judge Andrew L. Carter Jr..) (Signed by Judge Andrew L. Carter, Jr on 11/24/2020) (js)
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Filing
140
ORDER: The Court is in receipt of Plaintiffs' status report filed on November 12, 2020. ECF No. 139. The Court will conduct a telephone status conference in this action on November 23, 2020 at 3:00 p.m. Parties should contact the Court at 1-888-363-4749 (Conference Code: 3768660) on the date and time specified above. So Ordered. (Status Conference set for 11/23/2020 at 03:00 PM before Judge Andrew L. Carter Jr..) (Signed by Judge Andrew L. Carter, Jr on 11/13/2020) (js)
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Filing
132
OPINION & ORDER re: 124 MOTION for Summary Judgment: For the reasons set forth above, the Court hereby DENIES Defendant Bronstein's motion for summary judgment. This case is now ready for trial. The Parties should submit a joint status re port within seven days of the issuance of this Opinion indicating how they would like to proceed, how long they anticipate the trial lasting, and a proposed schedule for any pre-trial motions. (Signed by Judge Andrew L. Carter, Jr on 8/7/2020) (jwh)
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Filing
120
ORDER granting 119 Letter Motion to Adjourn Conference. The Court is in receipt of the Parties' letter requesting an adjournment of the Status Conference scheduled for December 19, 2019. The Parties have not complied with the Court's O rder for a Joint Status Report to be filed on or before November 25, 2019. ECF No. 115. The Parties are hereby ORDERED to submit a Joint Status Report on or before December 19, 2019 indicating whether they are ready to proceed to trial and how lon g they anticipate the trial will last. Additionally, the Status Conference set for December 19, 2019 is hereby ADJOURNED to January 27, 2020 at 1:00 p.m. Status Conference set for 1/27/2020 at 01:00 PM before Judge Andrew L. Carter Jr... (Signed by Judge Andrew L. Carter, Jr on 12/17/2019) (rj)
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Filing
117
ORDER denying 116 Letter Motion for Discovery. Defendants' motion to compel, for an Order striking Plaintiffs' objections and for attorneys' fees is DENIED. Discovery in this matter closed on September 30, 2019 (see ECF No. 77) an d this motion is untimely. Moreover, the Court notes that Defendants' First Set of Interrogatories is in violation of Local Civil Rule 33.3. In addition, to date, the parties have not complied with Judge Carter's November 15, 2019 Order r equiring the parties to "submit a Joint Status Report on or before November 25, 2019 indicating whether they are ready to proceed to trial and how long they anticipate the trial will last." (ECF No. 115.) The parties are directed to comply immediately. SO ORDERED.. (Signed by Magistrate Judge Stewart D. Aaron on 12/5/2019) (js)
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Filing
114
OPINION AND ORDER: For the foregoing reasons, Plaintiffs' motion to amend is DENIED. The Clerk of Court is respectfully requested to close the gavels at ECF Nos. 106 and 113. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 10/18/2019) (kl)
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Filing
71
OPINION & ORDER re: 63 MOTION for Reargument re: 61 Memorandum & Opinion, MOTION for Reconsideration re; 61 Memorandum & Opinion filed by Michael P Bronstein. Defendant has failed to indicate exce ptional circumstances that lead this Court to disturb its previously reached conclusion. See Shrader, 70 F.3d at 257. Defendant has not identified a change in controlling law, new law, or a need to correct a clear error or prevent manifest injustice. See Berg, 343 F.Supp.3d at 424. Thus, after careful consideration, Defendant's Motion for Reconsideration is hereby DENIED. (Signed by Judge Andrew L. Carter, Jr on 6/3/2019) (mro)
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Filing
61
OPINION & ORDER re: 44 MOTION to Dismiss on pleading filed by J Akira LLC, Michael P Bronstein. At this stage in the proceedings, Plaintiffs have sufficiently alleged facts that allows the court to draw reasonable inferences that Defendant Bronstein is liable for the FLSA and NYLL violations alleged in the Complaint. For the reasons set forth above, Defendant's Motion for Judgement on the Pleadings in hereby DENIED. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 3/22/2019) (anc)
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Filing
50
OPINION AND ORDER: For the reasons set forth above, Plaintiffs' motion for conditional collective action certification is GRANTED as to kitchen workers, delivery persons, waitstaff and cashiers employed at Defendants' Thai restaurant s since February 2, 2014. It is hereby ORDERED that: (1) Within seven days of the date of this Opinion and Order, Plaintiffs shall submit to the Court a revised version of the Proposed Notice, reflecting modifications consistent with this Opin ion and Order; (2) Within twenty-one days of the date of this Opinion and Order, Defendants shall produce to Plaintiffs the employee contact information as set forth above; and (3) Within twenty-one days of receipt of the employee contact information from Defendants, Plaintiffs shall mail the Notice of Pendency to potential opt-in plaintiffs. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 8/29/2018) (kl)
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