Thomas et al v. River Greene Construction Group LLC et al
| Hasely Thomas, Yeandeo Dadbahal and Baldwin Thomas |
| River Greene Construction Group LLC, Akeida Capital Management, LLC, Bringing Best Management LLC, Harvey Abrahams, Curtis Antoine and Joseph Kranzler |
| 1:2017cv06954 |
| September 13, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Paul A. Engelmayer |
| Fair Labor Standards Act |
| 29 U.S.C. ยง 201 |
| None |
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Filing
127
AMENDED DEFAULT JUDGMENT amending 112 Default Judgment Inquest, in favor of Hasely Thomas, Curtis Antoine, and Yeandeo Dadbahal against Bringing Best Management LLC, River Greene Construction Group LLC, Curtis Antoine, and Jonathan Kranzler, in the amount of $182,749.50. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated November 14, 2019, Magistrate Judge Kevin Nathaniel Fox's October 25, 2019 Report and Recommenda tion (Report), recommending that the following damages be awarded: (1) $63,000 to H. Thomas: (2) $56,820 to Dadbahal; (3) $54,925 to B. Thomas: and $8,004.50, to the plaintiffs for attorney's fees and costs, is adopted in its entirety, and judgment is entered in favor of H. Thomas as against the Defendants in the amount of $63,000; in favor of Dadbahal as against the Defendants in the amount of $56,820; in favor of B. Thomas as against the Defendants in the amo unt of $54,925; and $8,004.50 to plaintiffs for attorney's fees and costs, for a total sum of $182,749.50; accordingly, this case is closed. (Signed by Clerk of Court Ruby Krajick on 11/15/2019) (Attachments: # 1 Notice of Right to Appeal)(dt) Modified on 11/15/2019 (dt).
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Filing
126
OPINION & ORDER adopting 125 Report and Recommendations re: 123 Motion for Default Judgment filed by Baldwin Thomas: Because no party has timely submitted objections to the Report, review for clear error is appropriate. Careful review of Judge Fox's thorough and well-reasoned Report reveals that there is no facial error in its conclusions. The Court, therefore, adopts the Report in its entirety. In addition, the Report expressly states that "[f]ailure to file objections within f ourteen (14) days will result in a waiver of objections and will preclude appellate review." Report at 9. Accordingly, each party's failure to object to the Report in a timely manner operates as a waiver of appellate review. See Caidor v. O nondaga Cty., 517 F.3d 601,604 (2d Cir. 2008); Small v. Sec'y of Health & Human Servs., 892 F.2d 15, 16 (2d Cir. 1989) (per curiam), The Clerk of Court is respectfully directed to deny the motion pending at docket 123 as moot and close this case. (Signed by Judge Paul A. Engelmayer on 11/14/2019) (jwh) Transmission to Orders and Judgments Clerk for processing.
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Filing
88
OPINION AND ORDER: re: 56 MOTION for Summary Judgment Notice of Motion. filed by Harvey Abrahams, Akeida Capital Management, LLC. For the reasons above, the Court holds that, viewing the evidence in the light most favorable to pla intiffs, there are no genuine disputes of material fact whether Abrahams or ACM was plaintiffs' employer under the FLSA and NYLL. They were not. The Court accordingly grants these defendants' motions for summary judgment. The Clerk of Cou rt is respectfully directed to grant the motion pending at Dkt. 56 and to terminate Akeida Capital Management, LLC d/b/a ACM Contracting, LLC and Harvey Abrahams as defendants. Plaintiffs remain at liberty to pursue default judgments against the rem aining defendants. If plaintiffs intend to pursue such relief, they are to file motions for default judgment, consistent with this Court's individual rules, within two weeks. So Ordered (Signed by Judge Paul A. Engelmayer on 12/11/2018) (js)
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