Alberto Martinez Hernandez et al v. East Wingers Inc. et al
| Jose Alberto Martinez Hernandez, Roberto Julian and Elias Rojas |
| East Wingers Inc. and Kunj Patel |
| 1:2017cv02176 |
| March 24, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Andrew L. Carter |
| Fair Labor Standards Act |
| 29 U.S.C. ยง 201 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
149
JUDGMENT: NOW, on motion of Plaintiff, by his attorneys CSM Legal, P.C., it is hereby ORDERED, ADJUDGED AND DECREED: That the Plaintiffs have judgment jointly and severally against the Defendants EAST WINGERS INC. (d/b/a BEST WINGERS) and KUNJ PATEL the amount of $293,794.06 including compensatory damages and permissible liquidated damages and prejudgment interest, all computed as provided in 28 U.S.C. § 1961(a). That the Plaintiff is awarded attorney's fees and costs in the amount of $22,616.25 computed as provided in 28 U.S.C. § 1961(a). The Clerk of Court is respectfully requested to terminate this case. (Signed by Judge Andrew L. Carter, Jr on 6/2/2023) (ate)
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Filing
147
DEFAULT JUDGMENT: Accordingly, having considered the Memorandum of Law and Affidavit of Clela A. Errington in support of the motion for default judgment, the Summons and Amended Complaint previously filed in this action, and the affidavits of service thereof, it is hereby ORDERED that judgment be entered in Plaintiffs' favor against Defendants on all counts of Plaintiff's Amended Complaints as to liability. (Signed by Judge Andrew L. Carter, Jr on 5/1/2023) (tro)
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Filing
117
ORDER: The Court is in receipt of the stipulation of voluntary dismissal as to plaintiff Roberto Julian's claims. No later than April 13, 2022, the Parties shall file a letter explaining whether this dismissal in this FLSA action is subje ct to Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015), and, if so, the Parties shall file the requisite fairness letter. The submission shall also address the status of the consent judgment regarding the remaining claims. As a Suggestion of Death has been filed as to Plaintiff Elias Rojas and as no motion for substitution has been filed, the Clerk of Court is respectfully directed to terminate Plaintiff Elias Rojas. Elias Rojas (individually) and Elias Rojas (on behalf of others similarly situated) terminated. (Signed by Judge Andrew L. Carter, Jr on 4/6/2022) (ate)
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Filing
111
ORDER: The Court is in receipt of the Suggestion of Death filed as to Plaintiff Elias Rojas. ECF No. 110. The case is STAYED until March 3, 2022, 90 days from the filing of the Suggestion of Death, pending a motion for substitution. Fed. R. Civ. P. 25(a)(1). The parties shall file a joint status report one week after the stay is lifted. SO ORDERED. Case stayed. (Signed by Judge Andrew L. Carter, Jr on 12/8/2021) (va)
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Filing
108
ORDER: The Court is in receipt of Defendants' letter and Plaintiffs' response. ECF Nos. 104 and 107.The November 26, 2021 deadline to submit the proposed consent judgment is stayed pending the Court's decision on the letter motion. (Signed by Judge Andrew L. Carter, Jr on 11/24/2021) (ate)
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Filing
106
ORDER, The Court is in receipt of Defendants' Letter. ECF No. 104. Plaintiffs are hereby ORDERED to respond to this Letter on or before November 22, 2021. SO ORDERED. ( Responses due by 11/22/2021) (Signed by Judge Andrew L. Carter, Jr on 11/18/21) (yv)
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Filing
99
ORDER: On October 16, 2020, the Court directed the parties to file the proposed consent judgment, any underlying agreement, and a joint memorandum of law, not to exceed 10 pages, explaining why the proposed consent judgment is fair and reasonable and otherwise does not raise any of the concerns cited by the Second Circuit in its decision in Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015). ECF No. 93. To date, the Court has not received any such submission. Accordingly, the parties are hereby ordered to file the proposed consent judgment, any underlying agreement, and the accompanying memorandum no later than November 26, 2021. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 10/29/2021) (vfr)
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Filing
93
ORDER: The Court is in receipt of the parties' joint status letter. ECF No. 92. The parties are directed to file the proposed consent judgment, any underlying agreement, and a joint memorandum of law, not to exceed 10 pages, explaining why the proposed consent judgment is fair and reasonable and otherwise does not raise any of the concerns cited by the Second Circuit in its decision in Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015). The proposed consent judgment, any underlying agreement, and accompanying memorandum shall be filed no later than November 13, 2020. So Ordered (Signed by Judge Andrew L. Carter, Jr on 10/16/2020) (js)
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Filing
88
ORDER re: 83 Declaration in Support of Motion filed by East Wingers Inc., Kunj Patel, 81 Proposed Judgment, filed by Agustin Valeriano, Roberto Julian, Elias Rojas, Prixco Soriano, Jose Alberto Martinez Hernandez. On December 17, 201 8, Plaintiffs filed a consent judgment in this matter. (ECF No. 81). There is no agreement between the parties included. If an agreement exists, it must be submitted to and reviewed by the Court pursuant to Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015). Subsequently, Plaintiffs attorney withdrew from representation of one Plaintiff, Mr. Ramirez Rojas. (ECF No. 78). Defendants did not object to the withdrawal, but provided that they do not wish to resolve this matter through settlement if one Plaintiff had open claims remaining. (ECF No. 83). By September 28, 2020, the parties should submit a joint status report to the Court addressing these issues and indicating whether they wish to proceed with the proposed consent judgment, as well as whether Mr. Ramirez Rojas has retained independent counsel. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 9/21/2020) (kv)
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