Castro et al v. AABC Plumbing, Inc. et al
Plaintiff: Ricardo Castro and Jeff Jackson
Defendant: AABC Plumbing, Inc. and Daniel Sheeri
Case Number: 1:2017cv01205
Filed: February 16, 2017
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: Bronx
Presiding Judge: Vernon S. Broderick
Nature of Suit: Fair Labor Standards Act
Cause of Action: 29 U.S.C. ยง 201
Jury Demanded By: Plaintiff

Available Case Documents

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Date Filed Document Text
May 15, 2023 Opinion or Order Filing 195 CLERK'S JUDGMENT re: 194 Order Adopting Report and Recommendations in favor of Ricardo Castro against AABC Construction, Inc., AABC Plumbing, Inc., Daniel Sheeri; in favor of Jeff Jackson against AABC Construction, Inc., AABC Plumbing, I nc., Daniel Sheeri; in favor of Jeff Jackson, Ricardo Castro against AABC Construction, Inc., AABC Plumbing, Inc., Daniel Sheeri in the amount of $740,353.67. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Amended Opinion & Order dated May 12, 2023, the Report and Recommendation is ADOPTED in its entirety. The awarded damages, pre- and post-judgment interest, and attorneys' fees are confirmed. Specifically, Plaintiff Castro is award ed the following: 1. Damages in the amount of $182,312.50, representing: a. $86,156.25 in overtime; b. $86,156.25 in liquidated damages; and c. $10,000.00 in statutory damages. 2. Pre-judgment interest calculated at the rate o f nine percent per annum on the unpaid wage sum of $86,156.25, to be calculated by the Clerk of Court from September 8, 2014, to the date of entry of the final judgment, in the amount of $67,364.75. 3. Post-judgment interest pursuant to 28 U.S.C. § 1961. Plaintiff Jackson is awarded the following: 1. Damages in the amount of $214,597.32, representing: a. $102,298.66 in unpaid wages and overtime; b. $102,298.66 in liquidated damages; and c. $10,000.00 in s tatutory damages. 2. Pre-judgment interest calculated at the rate of nine percent per annum on the unpaid wage sum of $102,298.66, to be calculated by the Clerk of Court from September 16, 2013, to the date of entry of the final judgment, in the amount of $89,067.10. 3. Post-judgment interest pursuant to 28 U.S.C. § 1961. Plaintiffs shall also be awarded attorneys' fees and costs in the amount of $187,012.00. (Signed by Clerk of Court Ruby Krajick on 5/15/2023) (Attachments: # 1 Appeal Package) (km)
May 12, 2023 Opinion or Order Filing 194 AMENDED OPINION & ORDER for 75 Report and Recommendations, 192 Report and Recommendations. Accordingly, I ADOPT the Report and Recommendation in its entirety. The awarded damages, pre- and post-judgment interest, and attorneys' fees ar e confirmed. Specifically, Plaintiff Castro is awarded the following: 1. Damages in the amount of $182,312.50, representing: a. $86,156.25 in overtime; b. $86,156.25 in liquidated damages; and c. $10,000.00 in statutory damages. 2. Pre-judgment interest calculated at the rate of nine percent per annum on the unpaid wage sum of $86,156.25, to be calculated by the Clerk of Court from September 8, 2014, to the date of entry of the final judgment. 3. Post-judgment interest pursuant to 28 U.S.C. § 1961. Plaintiff Jackson is awarded the following: 1. Damages in the amount of $214,597.32, representing: a. $102,298.66 in unpaid wages and overtime; b. $102,298.66 in liquidated damages; and c. $10,0 00.00 in statutory damages. 2. Pre-judgment interest calculated at the rate of nine percent per annum on the unpaid wage sum of $102,298.66, to be calculated by the Clerk of Court from September 16, 2013, to the date of entry of the final judgme nt. 3. Post-judgment interest pursuant to 28 U.S.C. § 1961. Plaintiffs shall also be awarded attorneys' fees and costs in the amount of $187,012.00. SO ORDERED. (Signed by Judge Vernon S. Broderick on 5/12/2023) (kv) Transmission to Finance Unit (Cashiers) for processing. Transmission to Orders and Judgments Clerk for processing.
May 9, 2023 Opinion or Order Filing 193 OPINION & ORDER for 75 Report and Recommendations. I ADOPT the Report and Recommendation in its entirety. The awarded damages, pre- and post-judgment interest, and attorneys fees are confirmed. Specifically, Plaintiff Castro is awarded the fol lowing: 1. Damages in the amount of $182,312.50, representing: a. $86,156.25 in overtime; b. $86,156.25 in liquidated damages; and c. $10,000.00 in statutory damages. 2. Pre-judgment interest calculated at the rate of nine percent per annum on the unpaid wage sum of $86,156.25, to be calculated by the Clerk of Court from September 8, 2014, to the date of entry of the final judgment. 3. Post-judgment interest in an amount to be calculated by the Clerk of Court, pursuan t to 28 U.S.C. § 1961. Plaintiff Jackson is awarded the following: 1. Damages in the amount of $214,597.32, representing: a. $102,298.66 in unpaid wages and overtime; b. $102,298.66 in liquidated damages; and c. $10,000.00 in statutory damages. 2. Pre-judgment interest calculated at the rate of nine percent per annum on the unpaid wage sum of $102,298.66, to be calculated by the Clerk of Court from September 16, 2013, to the date of entry of the final judgment. 3. Post-judgment interest in an amount to be calculated by the Clerk of Court, pursuant to 28 U.S.C. § 1961. Plaintiffs shall also be awarded attorneys fees and costs in the amount of $187,012.00, for a total of $583,921.82, plus applicable interest. SO ORDERED., (Signed by Judge Vernon S. Broderick on 5/9/23) (yv)
February 3, 2023 Opinion or Order Filing 181 ORDER granting 180 Letter Motion for Extension of Time to File. SO ORDERED. (Signed by Magistrate Judge Jennifer E Willis on 2/3/2023) (tg)
January 6, 2023 Opinion or Order Filing 179 ORDER: Accordingly, IT IS HEREBY ORDERED that, on or before February 3, 2023, the Plaintiff shall prepare and file, with the Court: (1) proposed findings of fact and conclusions of law; and (2) an inquest memorandum of law, accompanied by supporting affidavits and exhibits, setting forth proof of their damages. The Plaintiff must serve these documents on Defendants, and file proof of such service with the Clerk of Court. IT IS FURTHER ORDERED that, on or before February 17, 2023, the Defendants shall prepare and file any opposing memoranda, affidavits and exhibits, as well as any alternative findings of fact and conclusions of law, and serve the same upon the Plaintiff. The Plaintiff shall serve the Defendants with a copy of this order and file proof of such service with the Clerk of Court. SO ORDERED. (Signed by Magistrate Judge Jennifer E Willis on 1/6/2023) (tg)
January 5, 2023 Opinion or Order Filing 177 DEFAULT JUDGMENT: In accordance with my comments at the Order to Show Cause hearing on January 5, 2023, it is hereby: ORDERED that default judgment as to liability is entered in favor of Plaintiff and against Defendants AABC Construction, Inc., and Daniel Sheeri. This case will be referred to Magistrate Judge Willis for an inquest on damages. SO ORDERED., AABC Construction, Inc. and Daniel Sheeri terminated. (Signed by Judge Vernon S. Broderick on 1/05/2023) (ama)
December 14, 2022 Opinion or Order Filing 176 ORDER: The conference in this matter scheduled for December 16, 2022, at 1:00 p.m., is adjourned to January 5, 2023, at 1:00 p.m. SO ORDERED. ( Telephone Conference set for 1/5/2023 at 01:00 PM before Judge Vernon S. Broderick.) (Signed by Judge Vernon S. Broderick on 12/14/2022) (va)
October 21, 2022 Opinion or Order Filing 162 ORDER: Accordingly, it is hereby: ORDERED that, notwithstanding the fact that Defendant Daniel Sheeri has already filed an answer in this action, for the reasons stated in Plaintiffs' memorandum of law in support of their motion for entry of def ault judgment, (Doc. 159-1), if the remainder of Plaintiffs' Proposed Certificate of Default is accurate, the Clerk of Court enter the Proposed Certificate of Default, (Doc. 152). IT IS FURTHER ORDERED that Plaintiffs, within three (3) days of t he Clerk of Court's entrance of the proposed Certificate of Default, refile the Proposed Order to Show Cause Without Emergency Relief. Upon receiving these materials, I will schedule a hearing. SO ORDERED. (Signed by Judge Vernon S. Broderick on 10/21/2022) (ama) Transmission to Orders and Judgments Clerk for processing.
September 27, 2022 Opinion or Order Filing 156 ORDER denying 118 Motion in Limine. On November 12, 2021, in advance of a scheduled jury trial, Defendant Daniel Sheeri filed a proposed motion in limine. (Doc. 118.) On April 22, 2022, Defendants informed me that they no longer intended to defend the case at trial, (Doc. 141), and Plaintiffs now intend to seek a default judgment against Defendants, (see Doc. 154.) Accordingly, it is hereby: ORDERED that the proposed motion in limine, (Doc. 118), is DENIED without prejudice. The Clerk of Court is respectfully directed to close the open motion at Doc. 118. SO ORDERED. (Signed by Judge Vernon S. Broderick on 9/27/2022) (vfr)
August 23, 2022 Opinion or Order Filing 153 ORDER re: 152 Proposed Clerk's Certificate of Default, filed by Jeff Jackson, Ricardo Castro. Accordingly, it is hereby: ORDERED that, on or before August 31, 2022, Plaintiffs shall submit a status letter indicating how they intend to proceed in this litigation. Plaintiffs are warned that failure to inform the Court how they intend to proceed may result in dismissal of this action for failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b). SO ORDERED. (Signed by Judge Vernon S. Broderick on 8/23/2022) (kv)
May 20, 2022 Opinion or Order Filing 145 ORDER re: 144 Memo Endorsement. That deadline has passed, and the parties have not submitted a joint status update. Accordingly, it is hereby: ORDERED that the parties submit a status update regarding their settlement efforts and any outstanding disputes on or before May 25, 2022. SO ORDERED. (Signed by Judge Vernon S. Broderick on 5/20/2022) (kv)
March 9, 2022 Opinion or Order Filing 135 ORDER: Per my directions at the March 9, 2022 status conference, is hereby: ORDERED that Defendants submit their response to Plaintiff's cross-motions in limine and pretrial memorandum of law on or before April 11, 2022. Any reply from Plai ntiff is due on or before April 18, 2022. IT IS FURTHER ORDERED that the pretrial conference in this matter will take place on April 25, 2022 at 3:00 PM. The dial-in number is 888-363-4749 and the conference code is 2682448. ( Responses due by 4/11/2022, Replies due by 4/18/2022.), ( Telephone Conference set for 4/25/2022 at 03:00 PM before Judge Vernon S. Broderick.) (Signed by Judge Vernon S. Broderick on 3/9/2022) (ate)
March 4, 2022 Opinion or Order Filing 134 ORDER: It is hereby: ORDERED that a jury trial in this matter is scheduled to begin on May 2, 2022 at 10:00 a.m. IT IS FURTHER ORDERED that a status conference in this matter will be held on March 9, 2022 at 3:00 p.m. regarding the parties' po sitions for trial. The dial-in number is 888-363-4749 and the conference code is 2682448. SO ORDERED. (Jury Trial set for 5/2/2022 at 10:00 AM before Judge Vernon S. Broderick., Telephone Conference set for 3/9/2022 at 03:00 PM before Judge Vernon S. Broderick.) (Signed by Judge Vernon S. Broderick on 3/4/2022) (jca)
January 24, 2022 Opinion or Order Filing 132 ORDER: On January 14, 2022, I held a status conference to discuss whether the parties intended to remain on the jury trial calendar for February 22, 2022. At that conference, the parties informed me that they intended to seek a jury trial in the s econd quarter of 2022 instead. I directed the parties to submit proposed trial dates by January 28, 2022. It is hereby: ORDERED that the final pretrial conference currently scheduled for January 26, 2022 at 3:00 PM and the jury trial currently scheduled for February 22, 2022 at 10:00 AM are adjourned sine die. SO ORDERED. (Signed by Judge Vernon S. Broderick on 1/24/2022) (kv)
January 14, 2022 Opinion or Order Filing 129 ORDER: ORDERED that the parties submit a joint letter on or before January 21, 2022 with their proposed dates for a jury trial in the second quarter of 2022. (Signed by Judge Vernon S. Broderick on 1/14/2022) (rro)
October 25, 2021 Opinion or Order Filing 114 ORDER granting 113 Letter Motion for Extension of Time to File. APPLICATION GRANTED. SO ORDERED.. (Signed by Judge Vernon S. Broderick on 10/25/2021) (kv)
October 1, 2021 Opinion or Order Filing 110 ORDER: granting 109 Letter Motion for Extension of Time to File. Application Granted. SO ORDERED. (Signed by Judge Vernon S. Broderick on 10/01/2021) (ama)
September 14, 2021 Opinion or Order Filing 108 ORDER: granting 107 Letter Motion for Extension of Time to File. Application Granted. SO ORDERED. (Signed by Judge Vernon S. Broderick on 9/14/2021) (ama)
August 27, 2021 Opinion or Order Filing 104 ORDER granting 103 Letter Motion for Extension of Time to File. APPLICATION GRANTED. SO ORDERED. (Signed by Judge Vernon S. Broderick on 8/27/2021) (vfr)
June 3, 2021 Opinion or Order Filing 100 ORDER re: 99 Letter filed by Jeff Jackson, Ricardo Castro. Accordingly, it is hereby: ORDERED that the parties' first two requests regarding pretrial submissions are GRANTED. The parties' joint pretrial order and motions in limine are due on or before August 16, 2021, and the parties' oppositions to motions in limine, proposed voir dire questions, proposed verdict sheets, and proposed verdict sheets are due on or before August 31, 2021. IT IS FURTHER ORDERED that if the p arties wish to schedule a trial for the second half of 2021, they are directed to submit a letter with that request on or before August 6, 2021. IT IS FURTHER ORDERED that the parties' third request is DENIED, as I cannot guarantee a trial date in February 2022. I will wait until I hear from the parties about a potential trial date in the second half of 2021 before requesting a trial date for sometime in 2022. SO ORDERED. (Motions due by 8/16/2021., Pretrial Order due by 8/16/2021., Responses due by 8/31/2021) (Signed by Judge Vernon S. Broderick on 6/3/2021) (kv)
May 11, 2021 Opinion or Order Filing 94 ORDER: Accordingly, it is hereby: ORDERED that the May 10, 2021 deadline for the parties to submit a joint pretrial is adjourned sine die. IT IS FURTHER ORDERED that Mr. Wander is directed to file a notice of appearance as soon as the paperwork is completed for him to represent the pro se Defendant. IT IS FURTHER ORDERED that the parties are directed to meet and confer after Mr. Wander has filed a notice of appearance and submit a joint letter on or before May 20, 2021, indicating the parties& #039; respective positions on proposed dates for trial and pretrial submissions. The Clerk's office is directed to mail a copy of this Order to the pro se Defendant. (Signed by Judge Vernon S. Broderick on 5/11/2021) (nb) Transmission to Docket Assistant Clerk for processing.
December 11, 2020 Opinion or Order Filing 90 ORDER granting 89 Letter Motion to Adjourn Conference. APPLICATION GRANTED. SO ORDERED. The status conference currently set for December 18, 2020 is adjourned and is rescheduled for December 21, 2020 at 12 PM. The dial-in number is 888-363-4749 and the conference code is 2682448. The Clerk of Court is directed to mail a copy of this endorsement to the pro se Defendant. (Telephone Conference set for 12/21/2020 at 12:00 PM before Judge Vernon S. Broderick.) (Signed by Judge Vernon S. Broderick on 12/11/2020) (rro) Transmission to Docket Assistant Clerk for processing.
December 9, 2020 Opinion or Order Filing 88 ORDER: This case is tentatively scheduled for trial beginning February 16, 2021. Accordingly, it is hereby: ORDERED that the parties shall appear for a telephonic status conference on December 18, 2020 at 12:00 p.m. The dial-in number for the conference is 888-363-4749 and the access code is 2682448. SO ORDERED, ( Telephone Conference set for 12/18/2020 at 12:00 PM before Judge Vernon S. Broderick.) (Signed by Judge Vernon S. Broderick on 12/09/2020) (ama)
November 20, 2020 Opinion or Order Filing 87 ORDER granting 86 Letter Motion for Extension of Time to File. APPLICATION GRANTED. SO ORDERED. (Signed by Judge Vernon S. Broderick on 11/20/2020) (rro)
September 14, 2020 Opinion or Order Filing 81 ORDER: It is hereby ORDERED that the parties shall consult and advise the Court by September 30, 2020 whether, should this case proceed to trial, all parties consent to a bench trial before this Court. Should the parties decide to proceed to trial before a jury, this Court will advise the Clerk of Court that this case is ready for trial. The Court will attempt to give the parties as much notice as possible of the date the jury trial will begin. The parties must be prepared to proceed to tr ial before a jury as soon as a jury can be impaneled in their case. IT IS FURTHER ORDERED that the parties shall consult and advise the Court by September 30, 2020 whether all parties consent to have this case proceed to trial before a magistrate ju dge rather than before this Court. Should the parties elect to proceed before a magistrate judge, they should complete the Notice, Consent, and Reference of a Civil Action to a Magistrate Judge and submit it to the Clerk of Court. If all parties consent to trial before the Magistrate Judge, that trial may be conducted at the parties' election either as a jury trial or a bench trial. IT IS FURTHER ORDERED that, should the parties elect to proceed to trial before a jury (whether befo re this Court or a magistrate judge) they must advise the Court by September 30, 2020 of the following: 1) The number of days they need, collectively, for the presentation of evidence; and 2) The number of individuals who will be seated at the counsel table, and the names of each of them. (Signed by Judge Vernon S. Broderick on 9/11/2020) (rro)
May 12, 2020 Opinion or Order Filing 79 ORDER: Accordingly, it is hereby: ORDERED that, pursuant to Rule 6 of my Individual Rules & Practices in Civil Cases, a joint pretrial order and motions in limine are due on or before October 5, 2020. Oppositions to motions in limine, as well as proposed voir dire questions, proposed verdict sheets, and proposed jury instructions are due on or before October 26, 2020. Two courtesy copies of all documents shall be submitted to Chambers, and Microsoft Word versions of the proposed voir dire questions and jury instructions must also be submitted by email to BroderickNYSDChambers@nysd.uscourts.gov. IT IS FURTHER ORDERED that, no later than September 1, 2020, the parties shall file a joint letter updating the court with proposed trial dates. SO ORDERED. (Motions due by 10/5/2020., Pretrial Order due by 10/5/2020., Responses due by 10/26/2020) (Signed by Judge Vernon S. Broderick on 5/12/2020) (jca)
April 9, 2020 Opinion or Order Filing 77 OPINION & ORDER for 75 Report and Recommendations, 62 Motion for Summary Judgment filed by Jeff Jackson, Ricardo Castro. Because I agree with Magistrate Judge Fox's conclusion that a genuine issue of material fact exists regarding Def endant's status as Plaintiffs' "employer," I overrule Plaintiffs' objections and ADOPT the Report. Plaintiffs' motion for summary judgment is accordingly DENIED. The parties are directed to meet and confer, and file a joint letter no later than thirty (30) days after entry of this Opinion & Order, proposing dates for the filing of pre-trial submissions in accordance with my Individual Rule 6. The Clerk is respectfully directed to terminate the open motion at Document 62, and Plaintiffs are directed to mail a copy of this Opinion & Order to the pro se Defendant and docket proof of the mailing. SO ORDERED. (Signed by Judge Vernon S. Broderick on 4/9/2020) (rro)
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Plaintiff: Ricardo Castro
Represented By: Chaim B. Book
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Plaintiff: Jeff Jackson
Represented By: Chaim B. Book
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Defendant: AABC Plumbing, Inc.
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Defendant: Daniel Sheeri
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