Tangtiwatanapaibul et al v. Tom & Toon Inc et al
| Srisuwan Tangtiwatanapaibul, Phouviengsone Sysouvong, Raymond Beltran and Phouviengkhone Thammavong |
| Tom & Toon Inc, Thai Sliders & Co. LLC, Toon Thai Inc, Silom Thai Inc, Thai Toon At Grand Central, Inc., Wai Ying Lau, Toon Lau and Peter Fong Chiu |
| 1:2017cv00816 |
| February 2, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Queens |
| Lorna G. Schofield |
| Fair Labor Standards Act |
| 29 U.S.C. ยง 201 |
| None |
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The following documents for this case are available for you to view or download:
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Filing
234
OPINION AND ORDER PURSUANT TO RULE 60 re: 231 MOTION for Settlement (Enforce Settlement)filed by Toon Thai Inc, Thai Toon At Grand Central, Inc., Tom & Toon Inc, Roongkant Preechatammarach, Wai Ying Lau, Thai Sliders & Co. LLC , Silom Thai Inc, Toon Lau, 224 MOTION in Limine to allow Plaintiffs PHOUVIENGSONE SYSOUVONG, a/k/a Tukta Phouviengsone and PHOUVIENGKHONE THAMMAVONG to testify from a different location or in the Alternative enter the Deposition Transcr ipts of Plaintiffs into Evidence in Lieu filed by Phouviengkhone Thammavong, Srisuwan Tangtiwatanapaibul, Phouviengsone Sysouvong, Manoon Charussilapa. Having considered Plaintiffs' motion at (ECF No. 206), this Court hereby clarifie s, pursuant to Rule 60(a), that the settlement agreement it approved when dismissing the action at ECF No. 203 was the one reflected in the parties' binding Term Sheet attached hereto. To the extent this Court reopened this case "for a ll purposes" at ECF No. 222, that order is hereby VACATED as having been in error. The Motion in Limine filed at ECF No. 224 was filed in contravention of this Courts Individual Practices, and this Court is without jurisdiction to decide it. Accordingly, it is TERMINATED. The motion at ECF No. 231 for enforcement of the settlement agreement is TERMINATED because this Court is without jurisdiction to enforce the settlement for the reasons set forth above. The Clerk of Court is respectfully requested to close this case for all purposes, it having been previously dismissed with prejudice. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 8/24/2021) (vfr)
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Filing
229
ORDER denying 228 Letter Motion to Adjourn Conference. APPLICATION DENIED. (Signed by Magistrate Judge Katharine H. Parker on 6/10/2021) (mro)
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Filing
227
ORDER SCHEDULING PRE-TRIAL CONFERENCE: A Pre-Trial Conference matter is hereby scheduled for Friday, June 11, 2021 at 10:00 a.m. Counsel for the parties are directed to call Judge Parker's AT&T conference line at the scheduled time. Please dial (866) 434-5269; access code 4858267. ( Telephone Conference set for 6/11/2021 at 10:00 AM before Magistrate Judge Katharine H. Parker.) (Signed by Magistrate Judge Katharine H. Parker on 6/2/2021) (mro)
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Filing
222
ORDER: The Clerk of Court is kindly directed to reopen this case for all purposes. (Signed by Magistrate Judge Katharine H. Parker on 4/27/2021) (nb)
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Filing
216
ORDER: The Court is in receipt of the letters at ECF Nos. 213, 214, and 215. Plaintiff's counsel is directed to draft seven separate confessions of judgment, one for each of the Defendants Plaintiffs' state should sign a confession of judgment, in line with the edits proposed in Plaintiffs' letter at ECF No. 211, and serve them on Defendants by Friday, February 5, 2021. (Signed by Magistrate Judge Katharine H. Parker on 1/29/2021) (mro)
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Filing
212
ORDER: Plaintiff is directed to draft the confession of judgment orders with the modifications suggested and serve them on Defendants' counsel. Defense Counsel shall coordinate with his clients to sign the confession of judgment forms by De cember 15, 2020 or, alternatively, submit a letter by December 10, 2020 setting forth objections to the proposed changes to the forms and reasons therefore. The parties also shall confer regarding a proposed payment schedule and file a status letter with the Court by December 21, 2020. (Signed by Magistrate Judge Katharine H. Parker on 12/2/2020) (rro)
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Filing
209
ORDER: Consistent with yesterday's proceedings, Defendants are hereby ordered to file a Proposed Confession of Judgment by November 23, 2020. Plaintiff shall file a letter with the Court within one week of Defendants' filing informing the Court of the sufficiency of the Proposed Confession of Judgment and any proposed changes thereto. (Signed by Magistrate Judge Katharine H. Parker on 11/19/2020) (mro)
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Filing
205
ORDER OF DISMISSAL: The Court finds that the terms of the proposed settlement agreement are fair, reasonable, and adequate, both to redress Plaintiffs' claims in this action and to compensate Plaintiffs' counsel for their legal fees, and the agreement is therefore approved. The Court notes that despite the parties' request for this Court to retainjurisdiction over this matter for the purpose of enforcing the settlement agreement, ifnecessary, the Court declines to adopt the parties' request. Additionally, this Court will not make an independent determination to retain jurisdiction. Accordingly, nothing in this Court's approval of the settlement under Cheeks should be construed as such a determination. See He ndrickson v. United States, 791 F.3d 354, 359-60 (2d Cir. 2015) (finding that a federal court will retain ancillary jurisdiction to enforce a settlement only where it has (1) expressly retained jurisdiction over enforcement of the agreement, or (2 ) incorporated the terms of the parties' settlement agreement in a court order); see also Mao v. Mee Chi Corp., No. 15-cv-1799 (JCF), 2016 WL 6754342, at *1 (S.D.N.Y. Feb. 11, 2016) (finding no retention of jurisdiction in the context of judic ial approval of an FLSA settlement, on the ground that "[i]t is not enough that the court somehow have given the settlement its 'judicial imprimatur'" (citing Hendrickson, 791 F.3d at 358-59)). As a result of the Court's a pproval of the parties' proposed settlement, this action is hereby discontinued with prejudice and without costs. The Clerk of Court is directed to close this case on the Docket of the Court. (Signed by Magistrate Judge Katharine H. Parker on 10/13/2020) (rro)
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Filing
203
ORDER ADJOURNING CONFERENCE & CLOSING CASE terminating 197 Letter Motion to Compel; terminating 198 Letter Motion to Compel. The Status Conference in this matter scheduled for November 4, 2020 is hereby adjourned sine die. The Clerk of Court is requested to terminate the Letter Motions at ECF # 197 & 198 and close this case. (Signed by Magistrate Judge Katharine H. Parker on 10/8/2020) (mro)
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Filing
187
ORDER granting 186 Letter Motion to Adjourn Conference. The Telephone Conference scheduled for Thursday, March 26, 2020 at 5:00 p.m. is hereby adjourned sine die. The Parties' are directed to file a joint status letter within 45 days updating the Court as to the finalization of settlement. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 3/26/2020) (rro)
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Filing
185
ORDER: For the telephone conference currently scheduled for March 26, 2020 at 5:00 p.m., the parties are directed to call into the Court conference line at (866) 434-5269, Code: 4858267. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 3/16/2020) (ks)
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Filing
180
ORDER terminating 179 Letter Motion to Compel. The Parties', together with their counsel shall appear in court on Thursday, January 9, 2020 at 2:00 p.m. in courtroom 17-D, United States Courthouse, 500 Pearl Street, new York, New York. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 12/19/2019) (ks)
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Filing
165
OPINION AND ORDER: For the foregoing reasons, the Report is ADOPTED in its entirety as the opinion of the Court. SO ORDERED. (Signed by Judge Lorna G. Schofield on 9/17/2018) (rro)
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Filing
156
ORDER: ORDERED that the Report and Recommendation is adopted, confirmed and approved in all respects. Plaintiff Beltran's claims are dismissed without prejudice for failure to prosecute. (Signed by Judge Lorna G. Schofield on 8/24/2018) (rro)
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