Kwan v. Sahara Dreams Co. II Inc. et al
| Chui-Fan Kwan |
| Sahara Dreams Co. II Inc., Sahara Dreams LLC, Sahara Hampshire Hotel Management LLC, Sahara Hampshire Hotel Management Co. II Inc., Hampshire Hotels Manhattan LLC, Hampshire Hotels Group II, LLC, Hampshire Hotels Group, LLC, Hampshire Hotels & Resorts, LLC, Dream Hotel Group, LLC, Sant Singh Chatwal, Vikram Chatwal, Jay Stein, Rabinder Pal Singh, David Kuperberg and Sandeep Wadhwa |
| 1:2017cv04058 |
| May 30, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Ronnie Abrams |
| Fair Labor Standards Act |
| 29 U.S.C. ยง 201 |
| None |
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Filing
137
JUDGMENT PURSUANT TO RULE 68, FED. R. CIV. P.: NOW, THEREFORE, IT IS HEREBY ORDERED THAT: 1. Defendants SAHARA DREAMS CO. II INC., f/k/a Sahara Dreams Co. Inc., f/k/a Sahara Dreams Limited, d/b/a Dream Hotel Downtown, SAHARA DREAMS LLC, f/k/a Sahar a Dreams LLC, d/b/a Dream Hotel Downtown, HAMPSHIRE HOTELS & RESORTS, LLC, f/k/a Hampshire Hotels & Resorts Limited, Liability Company d/b/a Hampshire Brand, Hotel & Asset Management, and DREAM HOTEL GROUP, LLC f/k/a Hampshire Hotels Management LLC s hall pay Plaintiff CHUI-FAN KWAN the total sum of sixty-seven thousand and five hundred dollars ($67,500), inclusive of twenty-seven thousand and five hundred dollars ($27,500) for damages and forty thousand dollars ($40,000) for all e xpenses and costs including attorney's fees (the Settlement Sum"). 2. This judgment shall be in full satisfaction of all federal and state law claims or rights that Plaintiff may have to damages, or any other form of relief, arising out of the alleged acts or omissions of Defendants or any of their past, present, and future officers, directors, members, managers, employees, stockholders, parent entities, subsidiary entities, affiliates, insurers, and to the predecessors, successors, h eirs, executors, administrators, representatives and assigns of each of the foregoing, each in their capacity as such, in connection with the facts and circumstances that are the subject of this action and contained in Plaintiff's pleadings. 3. This offer of judgment is made for the purposes specified in Rule 68 of the Federal Rules of Civil Procedure, and in order to effectuate a voluntary settlement of the action, and is not to be construed as an admission of liability by Defendants or a ny of their past, present, and future officers, directors, members, managers, employees, stockholders, parent entities, subsidiary entities, affiliates, insurers, and to the predecessors, successors, heirs, executors, administrators, representatives, and assigns of each of the foregoing, each in their capacity as such, in connection with the facts and circumstances that are the subject of this action. 4. Acceptance of this offer of judgment will act as a general release and discharge Defendants and their past, present, and future officers, directors, members, managers, employees, stockholders, parent entities, subsidiary entities, insurers, and to the predecessors, successors, heirs, executors, administrators, representatives, and assigns of each of the foregoing, each in their capacity as such, from any and all claims, causes of action, suits, demands, rights, liabilities, damages, lawsuits, losses, fees, costs or expenses, of any kind whatsoever, whether known or unknown, including any monetary, injunctive or declaratory relief relating thereto from the beginning of time to the date that judgment is entered; 5. If any amount of the Settlement Sum remains unpaid upon the expiration of ninety (90) days following the issuance of judgment, or ninety (90) days after expiration of the time to appeal and no appeal is then pending, whichever is later, the total amount of judgment shall automatically increase by fifteen percent (15%) pursuant to Section 198.4 of the New York Labor Law. SO ORDERED. (Signed by Judge Ronnie Abrams on 4/19/2022) (ate)
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Filing
133
ORDER: On March 11, 2022, after being informed of the parties' settlement, the Court ordered the parties to file a notice of acceptance with an offer of judgment and a proposed judgment for the Court's review. To date, the Court has not received any communication from the parties. The parties shall file a notice of acceptance with offer of judgment and proposed judgment by April 15, 2022. SO ORDERED. (Signed by Judge Ronnie Abrams on 4/11/2022) (kv)
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Filing
132
ORDER: On March 10, 2022, the Court issued an order directing the parties to submit fee application briefing. Since then, the Court has been informed that the parties have reached agreement on attorneys' fees and costs. Accordingly, the parties shall instead file a notice of acceptance with an offer of judgment and a proposed judgment for the Court's review. (Signed by Judge Ronnie Abrams on 3/11/2022) (ate)
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Filing
131
ORDER: The Court has been informed that a settlement in principle has been reached with all parties. The parties were not, however, able to reach agreement on attorneys' fees and costs. By no later than March 17, 2022, Plaintiff's couns el shall file an application for fees and costs. Defendants may respond to the application by March 24, 2022. Given the ongoing referral to Magistrate Judge Cave for general pretrial, including non-dispositive motions, the parties should address the fee application to Judge Cave for her decision. ( Motions due by 3/17/2022., Responses due by 3/24/2022) (Signed by Judge Ronnie Abrams on 3/10/2022) (ate)
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Filing
127
ORDER, Having reviewed the parties' joint submission (id.), and having heard the parties' arguments during the telephone conference held today, October 6, 2021, the Court orders as follows: Plaintiff's request for an order directi ng Defendants to post the Notice at the Hotel is DENIED. Plaintiff has not demonstrated that other means of notifying the Potential Plaintiffs, including by mail or email, have been ineffective, or that posting the Notice at the Hotel would likel y be an effective means of notifying the Potential Plaintiffs. See Islam v. LX Ave. Bagels, Inc., No. 18 Civ. 4895 (RA) (RWL), 2019 WL 5198667, at *11 (S.D.N.Y. Sept. 30, 2019) (denying request to post notice in employee common areas because the "Plaintiffs have not provided any basis to conclude that there will be any problem reaching current employees though mail or email."); Park v. FDM Grp. Inc., No. 16 Civ. 1520 (LTS) (SN), 2019 WL 2205715, at *7 (S.D.N.Y. May 22, 2019) (den ying request to post notice at the defendant's offices because "posting the notice [was] unlikely to be effective."); Plaintiff's request to distribute the Notice to the Potential Plaintiffs by text message is GRANTED IN PART a nd DENIED IN PART. Plaintiff has not demonstrated that a text-message notice in the first instance is appropriate. See Pettenato v. Beacon Health Options, Inc., 425 F. Supp. 3d 264, 285 (S.D.N.Y. 2019). If, however, Plaintiff's attempts to no tify the Potential Plaintiffs by mail and email prove ineffective, then Plaintiff may send a follow-up reminder to the Potential Plaintiffs by text message. The parties are directed to meet and confer regarding the content of any such text-message reminder. If the parties are unable to agree, they may submit a joint letter to the Court setting forth, without argument, the parties competing versions of the proposed text-message reminder; All discovery shall be completed by February 28, 202 2; By March 7, 2022, the parties shall file a joint letter certifying the completion of discovery; and A Telephone Conference is scheduled for Thursday, February 10, 2022 at 11:00 am on the Court's conference line. The parties are directed to call: (866) 390-1828; access code: 380-9799, at the scheduled time. SO ORDERED. ( Discovery due by 2/28/2022., Telephone Conference set for 2/10/2022 at 11:00 AM before Magistrate Judge Sarah L Cave.) (Signed by Magistrate Judge Sarah L Cave on 10/6/21) (yv)
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Filing
114
ORDER granting 113 Letter Motion to Adjourn Conference. Oral Argument in this matter is ADJOURNED until Wednesday, February 12, 2020 at 2:00 p.m. The Clerk of Court is respectfully directed to Close the Letter Motion at ECF No. 113 and reset the Oral Argument date. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 12/16/2019) Oral Argument set for 2/12/2020 at 02:00 PM before Magistrate Judge Sarah L Cave. (ks)
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Filing
59
OPINION & ORDER re: 55 LETTER MOTION for Conference addressed to Magistrate Judge Henry B. Pitman from Felicia S. Ennis dated June 18, 2018. filed by Sahara Hampshire Hotel Management LLC, Sahara Dreams LLC, Dream Hotel Group, LLC, Sahara Dreams Co. II Inc., Rabinder Pal Singh, Hampshire Hotels Group, LLC, Sahara Hampshire Hotel Management Co. II Inc., Hampshire Hotels & Resorts, LLC, Sandeep Wadhwa, David Kuperberg, Sant Singh Chatwal, Hampshire Hotels Grou p II, LLC, Hampshire Hotels Manhattan LLC, Jay Stein, Vikram Chatwal, 45 LETTER MOTION for Oral Argument on Defendants' Motion to Dismiss Plaintiff's First Amended Complaint [Dkt. No. 41], pursuant to Federal Rule Civ.P.12(b)(6 ). Letter Motion is addressed to Judge Ronnie Abrams from Felicia S. Ennis dat filed by Sahara Hampshire Hotel Management LLC, Sahara Dreams LLC, Dream Hotel Group, LLC, Sahara Dreams Co. II Inc., Rabinder Pal Singh, Hampshire Hotels Group, LLC, Sahara Hampshire Hotel Management Co. II Inc., Hampshire Hotels & Resorts, LLC, Sandeep Wadhwa, David Kuperberg, Sant Singh Chatwal, Hampshire Hotels Group II, LLC, Hampshire Hotels Manhattan LLC, Vikram Chatwal, Jay Stein, [ 51] LETTER MOTION for Leave to File Motion to Certify Class addressed to Judge Ronnie Abrams from John Troy dated June 17, 2018. filed by Chui-Fan Kwan, 52 MOTION to Certify Class . filed by Chui-Fan Kwan, 47 LETTE R MOTION for Extension of Time to File addressed to Judge Ronnie Abrams from John Troy dated June 1, 2018. filed by Chui-Fan Kwan, 42 MOTION to Dismiss Plaintiff's Amended Complaint Pursuant to Federal Rules of Civil Procedure 12(b)(6). filed by Sahara Hampshire Hotel Management LLC, Sahara Dreams LLC, Dream Hotel Group, LLC, Sahara Dreams Co. II Inc., Rabinder Pal Singh, Hampshire Hotels Group, LLC, Sahara Hampshire Hotel Management Co. II Inc., Hampsh ire Hotels & Resorts, LLC, Sandeep Wadhwa, David Kuperberg, Sant Singh Chatwal, Hampshire Hotels Group II, LLC, Hampshire Hotels Manhattan LLC, Vikram Chatwal, Jay Stein, 48 MOTION to Certify Class NOTICE OF PLAINTIFF'S MOTION FOR CONDITIONAL COLLECTIVE CERTIFICATION. filed by Chui-Fan Kwan. For the foregoing reasons, Defendants' motion to dismiss is granted. The Amended Complaint is dismissed without prejudice and with leave to amend. See Fed. R. Civ. P. 15(a ) ("The court should freely give leave [to amend] when justice so requires"). Defendants' letter motion for oral argument is denied. The Clerk of Court is respectfully direct to terminate the motions pending at docket entries 42, 45, 47, 48, 51, 52, and 55. SO ORDERED. (Signed by Judge Ronnie Abrams on 12/19/2018) (rj)
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