| April 17, 2024 |
Filing
156
ORDER RESCHEDULING EVIDENTIARY HEARING granting 154 Letter Motion to Adjourn Conference. The Court has received plaintiffs' letter motion (Dkt. 154) seeking an adjournment of the upcoming evidentiary hearing, and seeking leave for plaint iffs to testify remotely. Plaintiffs' motion is hereby GRANTED. The evidentiary hearing previously scheduled for May 21, 2024, at 2:00 p.m., is RESCHEDULED to May 8, 2024, at 1:00 p.m. in Courtroom 14C, 500 Pearl Street, New York, NY 10007. C ounsel must appear in person, but plaintiffs are permitted to attend via video. The Court will make videoconference arrangements with plaintiffs via email. Plaintiffs are directed to promptly serve all defendants with a copy of this Order at their last known address, and to file proof of such service. Additionally, plaintiffs are directed to make reasonable efforts to confirm, by phone and/or email, that defendants are aware of the date, time, and location of the evidentiary hearing. The Cl erk of Court is respectfully directed to close the motion at Dkt. 154. SO ORDERED. Evidentiary Hearing set for 5/8/2024 at 01:00 PM in Courtroom 14C, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Barbara C. Moses. (Signed by Magistrate Judge Barbara C. Moses on 4/17/2024) (va)
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| April 3, 2024 |
Filing
153
ORDER SCHEDULING EVIDENTIARY HEARING: The Court has reviewed plaintiffs' Proposed Findings and finds that an evidentiary hearing is warranted to assist the Court's inquest. The evidentiary hearing will take place on May 21, 2024, at 2:00 p .m., in Courtroom 20A, 500 Pearl Street, New York, NY 10007. All plaintiffs and their counsel must appear in person. Plaintiffs shall be prepared to testify concerning the factual basis for their damages request. Plaintiffs' counsel shall be p repared to discuss the legal bases for that request. Plaintiffs are directed to promptly serve all defendants with a copy of this Order at their last known address, and to file proof of such service. (Evidentiary Hearing set for 5/21/2024 at 02:00 PM in Courtroom 20A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Barbara C. Moses.) (Signed by Magistrate Judge Barbara C. Moses on 4/3/2024) (rro)
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| August 27, 2021 |
Filing
152
ORDER: In light of the defaulted defendants' pro se status, the Court, sua sponte, EXTENDS their time to respond to plaintiffs' proposed findings of fact and conclusions of law until September 20, 2021. (As further set forth in this Orde r.) The Clerk of Court is respectfully directed to mail a copy of this order to defendants Mohammed Mojnu Miah and Noor Islam. (Signed by Magistrate Judge Barbara C. Moses on 8/27/2021) (cf) Transmission to Docket Assistant Clerk for processing.
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| May 19, 2021 |
Filing
141
MEMORANDUM OPINION & ORDER re: 129 MOTION for Default Judgment as to Defendants Mohammed Mojnu Miah, Noor Islam, Red Chili Indian Cafe, Inc.. filed by Mahfujur Rahman, Liton Shah. For the foregoing reasons, Plaintiffs' motion for default judgment is thus granted against the Individual Defendants as to all claims except for the retaliation claim under Count Eight. The Court has already granted Plaintiffs' motion for default judgment against Defendant Red Chili Indi an Caf. See Dkt. 30. By separate order, the Court will refer this matter to Magistrate Judge Moses for an inquest into damages and attorneys' fees as to all three Defendants. The Clerk of Court is respectfully directed to terminate the motion pending at Dkt. 129. SO ORDERED. (Signed by Judge Ronnie Abrams on 5/19/2021) (rj)
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| March 31, 2021 |
Filing
139
ORDER: The Court will not hold a conference and will instead resolve this matter on the papers. Notwithstanding that the remaining defendants' answer has been stricken, see Dkt. 124, Defendants may file any answering papers to Plaintiffs' ; default judgment motion no later than May 10, 2021, should they have a good-faith legal basis to assert that Plaintiffs are not entitled to default judgment. (As further set forth in this Order.) ( Responses due by 5/10/2021) (Signed by Judge Ronnie Abrams on 3/31/2021) (cf)
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| February 8, 2021 |
Filing
124
ORDER ADOPTING REPORT AND RECOMMENDATION for 116 Report and Recommendations, 109 Motion to Strike filed by Mahfujur Rahman, Liton Shah. It is therefore ordered that Plaintiffs' motion to strike (Dkt. 109) is GRANTED and Defendants J oint Answer and Affirmative Defenses (Dkt. 26) is STRICKEN. Plaintiffs are instructed to make any motion for default judgment against Miah and Islam no later than March 10, 2021, in accordance with Fed. R. Civ. P. 55(b)(2), Local Civil Rule 55.2(b), and this Court's individual rules, available at https://nysd.uscourts.gov/hon-ronnie-abrams. The Clerk of Court is respectfully directed to terminate the motion pending at Dkt. 109 and to mail a copy of this Order to Defendants Miah and Islam. SO ORDERED. (Signed by Judge Ronnie Abrams on 2/8/2021) (kv) Transmission to Docket Assistant Clerk for processing.
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| January 6, 2021 |
Filing
119
ORDER re: 117 Letter, filed by Mohammed Mojnu Miah. Accordingly, Defendants shall have until no later than January 27, 2021 to file written objections to the Report. Any objections should be mailed to the Pro Se Intake Unit at 500 Pearl Street, New York, NY 10007 or sent by email in compliance with the instructions described at https://www.nysd.uscourts.gov/sites/default/files/pdf/covid 19/Notice%20- %20Pro%20Se%20Email.pdf. No further extensions will be granted. Failur e to file timely objections will result in a waiver of such objections and will preclude appellate review. See Thomas v. Arn, 474 U.S. 140, 155 (1985); Wagner & Wagner, LLP v. Atkinson, Haskins, Nellis, Brittingham, Gladd & Carwile, P.C., 596 F.3d 84 , 92 (2d Cir. 2010). To ensure that Defendants have had every opportunity to review the Report, the Court will attach a copy to this order. As to Mr. Miahs request for translation, the Court does not provide free translations of documents in civil ca ses between private parties. See Pedraza v. Phoenix, No. 93 CIV. 2631 (MGC), 1994 WL 177285, at *1 (S.D.N.Y. May 9, 1994); Fang v. Dofar, No. 15 CV-1251 (MAD) (DEP), 2019 WL 315036, at *2 (N.D.N.Y. Jan. 23, 2019). Defendants are reminded of their abi lity to seek free legal advice from the New York Legal Assistance Group's legal clinic for pro se litigants. Defendants may visit the NYLAG clinic's website at nylag.org/pro-se-clinic/ or call (212) 659-6190. This clinic, which is neither p art of nor run by the Court, assists pro se litigants with federal civil cases. The Clerk of Court is respectfully directed to mail a copy of this order and the enclosed attachment to Defendants Mohammed Mojnu Miah and Noor Islam. Plaintiff is also directed to email a copy to the individual Defendants. SO ORDERED. (Objections to R&R due by 1/27/2021) (Signed by Judge Ronnie Abrams on 1/6/2021) (kv) Transmission to Docket Assistant Clerk for processing.
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| August 27, 2020 |
Filing
114
ORDER with respect to 109 Motion to Strike docket entry and document 26 Answer to Amended Complaint filed by Noor Islam, Mohammed Mojnu Miah from the record. The Court has received and reviewed plaintiffs' motion to strike defendants& #039; joint answer, dated July 31, 2020 (Dkt. No. 109), which is within the scope of my amended reference (Dkt. No. 113). Defendants shall file a response no later than September 17, 2020. Chambers will mail a copy of this Order to defendants. Plaintiffs' counsel shall serve a copy of this Order on defendants at the email addresses most recently used to successfully communicate with each defendant, and file proof of such service. SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 8/27/2020) (va)
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| June 26, 2020 |
Filing
106
ORDER: For the reasons discussed at the June 24 conference, it is hereby ORDERED that plaintiffs shall advise the Court, no later than July 1, 2020, whether they wish to seek terminating sanctions and, if so, when they will be prepared to file their moving papers. (As further set forth in this Order.) (Signed by Magistrate Judge Barbara C. Moses on 6/26/2020) (cf)
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| June 12, 2020 |
Filing
104
ORDER SCHEDULING STATUS CONFERENCE AND DIRECTING DEFENDANTS TO APPEAR ON JUNE 24, 2020, The status conference is hereby rescheduled to June 24, 2020, at 10:00 a.m., and will once again take place telephonically. At that time, the parties are direct ed to call (888) 557-8511 and dial the access code 7746387. DEFENDANTS ARE DIRECTED TO READ THIS ENTIRE ORDER CAREFULLY. FAILURE TO APPEAR AT THE JUNE 24 CONFERENCE MAY RESULT IN SEVERE CONSEQUENCES, INCLUDING MONETARY SANCTIONS AND/OR THE ENTRY OF A DEFAULT JUDGMENT. Pursuant to Fed. R. Civ. P. 16(f), defendants Miah and Islam are hereby sanctioned in the amount of $100 each, payable to plaintiffs' counsel no later than June 23, 2020 the day before the next court conference.Should the individual defendants fail to comply with this Order, or again fail without notice or excuse to appear for a court proceeding (including but not limited to the conference scheduled for June 24, 2020), the Court may impose more significant sanctio ns, including, but not limited to, additional financial penalties and/or entry of a default judgment against them.The Clerk of Court is directed to mail a copy of this Order to defendants Miah and Islam. In addition, plaintiffs are directed to email a copy of this Order to defendants Miah and Islam and to file proof of such service on the docket. SO ORDERED., ( Telephone Conference set for 6/24/2020 at 10:00 AM before Magistrate Judge Barbara C. Moses.) (Signed by Magistrate Judge Barbara C. Moses on 6/12/20) (yv) Transmission to Docket Assistant Clerk for processing.
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| April 30, 2020 |
Filing
98
ORDER: On April 28, 2020, Magistrate Judge Moses held a telephonic conference with all parties. Although Plaintiffs appeared through counsel and the Individual Defendants appeared pro se, Defendant Red Chili did not appear at the conference, and the Individual Defendants "confirmed that Red Chili had no counsel to represent it." See Dkt. 97 at 1 & n.1. Accordingly, Plaintiffs' motion for a default judgment against Defendant Red Chili Indian Caf, Inc. is hereby granted. Because th e case against the Individual Defendants is ongoing, the Court defers ruling on damages at this time. Plaintiffs shall serve a copy of this Order on Defendants and file proof of service on the docket. (Signed by Judge Ronnie Abrams on 4/30/2020) (rj)
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| April 29, 2020 |
Filing
97
ORDER: It is hereby ORDERED that: 1.IRS Form 4506-T. No later than May 12, 2020, defendants Miah and Islam shall execute and provide to plaintiffs' counsel completed IRS forms 4506-T on behalf of themselves individually and on behalf of Red Chili. Prior to May 12, the parties shall promptly meet and confer by telephone or email to determine the most practical means (e.g., ink vs. electronic signatures) to accomplish that task. 2.Documents Required by Order Dated February 27, 2020. No later than May 26, 2020,defendants shall produce to plaintiffs' counsel all of the documents and information required by the para. 3 of the Court's February 27, 2020 order. (Dkt. No. 90.) Prior to May 26, the parties shall promptly meet and confer by telephone or email to determine the most practical means to accomplish that task. 3.Status Conference. Judge Moses will conduct a further telephonic status conference on June 10, 2020, at 10:00 a.m. At that time, the parties shall c all into the below teleconference: Call in number: 888-557-8511; Access Code: 7746387. No later than June 3, 2020, after consultation with the individual defendants, plaintiffs shall submit a letter updating the Court on the status of defendants&# 039; compliance with paragraphs 1 and 2 of this Order, and proposing a schedule for any remaining necessary discovery, including depositions. The Clerk of Court is respectfully directed to update the docket to reflect that plaintiffs' attorney Sumatra Tito Sinha's updated phone number is 516-699-2947, and updated email address is tsinha@takerootjustice.org. Copies of this Order, and the Court's Order dated February 27, 2020, will be mailed by chambers to defendants Miah a nd Islam at their addresses on record. In addition, plaintiffs are directed to email a copy of this Order to defendants Miah and Islam and to file proof of such service on the docket., Telephonic Status Conference set for 6/10/2020 at 10:00 AM before Magistrate Judge Barbara C. Moses. (Signed by Magistrate Judge Barbara C. Moses on 4/29/2020) (rj) Transmission to Attorney Services/Help Desk.
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| March 18, 2020 |
Filing
93
ORDER CONVERTING APRIL 28, 2020 STATUS CONFERENCE TO TELEPHONIC CONFERENCE: In light of the ongoing national public health emergency, the status and scheduling conference scheduled for April 28, 2020, at 10:30 a.m., will be conducted telephonical ly. At that time, the parties shall call into the below teleconference: Call in number: 888-557-8511; Access Code: 7746387. (As further set forth herein this Order.) The Clerk of Court is directed to mail a copy of (1) this Order and (2)the Feb ruary 27, 2020 (Dkt. No. 90), to defendants Miah and Islam. SO ORDERED. ( Telephone Conference set for 4/28/2020 at 10:30 AM before Magistrate Judge Barbara C. Moses.) (Signed by Magistrate Judge Barbara C. Moses on 3/18/2020) (va) Transmission to Docket Assistant Clerk for processing.
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| February 27, 2020 |
Filing
90
ORDER SCHEDULING STATUS CONFERENCE AND DIRECTING DEFENDANTS TO APPEAR ON APRIL 28, 2020: A status and scheduling conference is scheduled before Judge Moses on April 28, 2020, at 10:30 a.m., in Courtroom 20A, 500 Pearl Street, New York, NY 10007. Plaintiffs may appear through counsel. Defendants Mohammed Miah and Noor Islam must appear in person. Defendant Red Chili Indian Caf, Inc. must appear through counsel. The Clerk of Court is directed to mail a copy of this Order to defendants Miah and Islam. (As further set forth in this Order.) (Status Conference set for 4/28/2020 at 10:30 AM in Courtroom 20A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Barbara C. Moses.) (Signed by Magistrate Judge Barbara C. Moses on 2/27/2020) (cf) Transmission to Docket Assistant Clerk for processing.
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| February 26, 2020 |
Filing
88
ORDER denying 71 Motion for Default Judgment. For the reasons discussed at the conference on February 10, 2020, Plaintiffs' motion for a default judgment against Defendants Mohammed Mojnu Miah and Noor Islam is denied. As to Defendant Red Chili Indian Cafe, Inc., Plaintiffs' motion for a default judgment is also denied. Defendant Red Chili Indian Cafe, Inc. will be given one more opportunity to find counsel to represent it in this action, which it must, given that a corporation m ay not proceed prose. See Jones v. Niagara Frontier Transp. Auth., 722 F.2d 20, 22 (2d Cir. 1983). If it does not obtain representation and file a responsive pleading by April 27, 2020, Plaintiffs' motion for default judgment against it will be granted. The Clerk of Court is respectfully directed to terminate the motion pending at Dkt. 71 and mail a copy of this Order to Defendants Mohammed Mojnu Miah and Noor Islam. SO ORDERED. (Signed by Judge Ronnie Abrams on 2/26/2020) (kv) Transmission to Docket Assistant Clerk for processing.
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| February 6, 2020 |
Filing
85
ORDER denying 84 Letter Motion to Adjourn Conference. Mr. Sinha may appear on behalf of Plaintiffs. Accordingly, the conference regarding Plaintiffs' motion for default judgment will remain scheduled for February 10, 2020. SO ORDERED. (Signed by Judge Ronnie Abrams on 2/6/20) (yv)
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| December 5, 2019 |
Filing
66
ORDER ADOPTING REPORT AND RECOMMENDATION: As no objections to the Report were filed, the Court has reviewed Judge Moses's Report for clear error. The Court finds no error and thus adopts the well-reasoned Report in its entirety. It is therefor e ordered that Plaintiffs motion to strike is GRANTED and Defendants' Joint Answer and Affirmative Defenses is STRICKEN. Plaintiffs are instructed to move for default against Defendants no later than January 3, 2020. The Clerk of Court is resp ectfully directed to terminate the motion pending at Dkt. 51 and mail a copy of this Order to Defendants Mohammed Mojnu Miah and Noor Islam. SO ORDERED. (Signed by Judge Ronnie Abrams on 12/5/2019) (jca) Transmission to Docket Assistant Clerk for processing.
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