Agureyev et al v. H.K. Second Ave Restaurant Inc. et al
| Natalie Agureyev and Darya Igamberdiev |
| H.K. Second Ave Restaurant Inc., Shaheen Khan and Maha Khondoker |
| 1:2017cv07336 |
| September 26, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| John G. Koeltl |
| Fair Labor Standards Act |
| 29 U.S.C. ยง 201 |
| Plaintiff |
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Filing
77
DEFAULT JUDGMENT in favor of Natalie Agureyev against H.K. Second Ave Restaurant Inc., Maha Khondoker, Shaheen Khan; in favor of Darya Igamberdiev against H.K. Second Ave Restaurant Inc., Maha Khondoker, Shaheen Khan; in favor of Darya Igamberdiev , Natalie Agureyev against H.K. Second Ave Restaurant Inc., Maha Khondoker, Shaheen Khan in the amount of $35,906.34. It is hereby ORDERED, ADJUDGED, AND DECREED, That pursuant to the Court's Memorandum and Opinion dated March 5, 2021, Plaintiffs' Motion is GRANTED and Plaintiffs are awarded judgment against Defendants in the total amount of $35,906.34, comprised of the following: (I) Agureyev is awarded damages in the amount of $4,508.96, comprised of (i) $1 ,386.88 in unpaid minimum wages; (ii) $164.06 in unpaid overtime wages; (iii) $8.75 in unpaid spread-of-hours wages; (iv) $1,559.69 in liquidated damages; (v) $1,050.00 in statutory damages, and (vi) $339.58 in prejudgment interest; (2) Igamberediev is awarded damages in the amount of $12,117.38, comprised of (i) $4,145.40 in unpaid minimum wages; (ii) $35.00 in unpaid spread-of-hours wages; (iii) $4,180.40 in liquidated damages; (iv) $2,900 .00 in statutory damages, and (v) $856.58 in prejudgment interest; and (3) $19,280 in attorneys' fees. Plaintiffs' claims against Defendant Khondokar are DISMISSED WITH PREJUDICE. (Signed by Clerk of Court Ruby Krajick on 3/8/2021) (Attachments: # 1 Right to Appeal) (km)
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Filing
76
MEMORANDUM AND OPINION re: 75 MOTION for Default Judgment as to Defendants HK Second Ave Restaurant Inc and Shaheen Khan, filed by Natalie Agureyev. For the reasons set forth above, Plaintiffs' Motion is GRANTED and Plainti ffs are awarded judgment against Defendants in the total amount of $35,906.34, comprised of the following: (1) Agureyev is awarded damages in the amount of $4,508.96, comprised of (i) $1,386.88 in unpaid minimum wages; (ii) $ 164.06 in unpaid overtime wages; (iii) $8.75 in unpaid spread-of-hours wages; (iv) $1,559.69 in liquidated damages; (v) $1,050.00 in statutory damages, and (vi) $339.58 in prejudgment interest; (2) Igamberediev is awarded da mages in the amount of $12,117.38, comprised of (i) $4,145.40 in unpaid minimum wages; (ii) $35.00 in unpaid spread-of-hours wages; (iii) $4,180.40 in liquidated damages; (iv) $2,900.00 in statutory damages, and (v) � 36;856.58 in prejudgment interest; and (3) $19,280 in attorneys' fees. Plaintiffs' claims against Defendant Khondokar are DISMISSED WITH PREJUDICE. The Clerk of the Court is respectfully directed to close ECF No. 75. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 3/5/2021) (va) Transmission to Finance Unit (Cashiers) for processing. Transmission to Orders and Judgments Clerk for processing.
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Filing
67
ORDER TO INITIATE DEFAULT PROCEEDINGS, Defendants have not retained new counsel, and Plaintiffs have not moved for default. Plaintiffs are now ORDERED to request a Certificate of Default from the Clerk of Court by August 7, 2020 and to file a Motion for Default Judgment in accordance with Rule 55 of the Federal Rules of Civil Procedure and S.D.N.Y. Local Rule 55 by August 14, 2020. SO ORDERED. ( Motions due by 8/14/2020.) (Signed by Magistrate Judge Sarah L Cave on 7/31/20) (yv)
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Filing
63
ORDER granting 62 Letter Motion to Adjourn Conference: The requested adjournment is GRANTED. The telephone conference currently scheduled for tomorrow, June 9, 2020 at 11:00 am will now be held at 12:30 pm on the same date. The parties are direct ed to call the Court's conference line as instructed at the scheduled time. The Clerk of Court is respectfully directed to amend the conference time and to close the Letter-Motion at ECF No. 62. (Telephone Conference set for 6/9/2020 at 12:30 PM before Magistrate Judge Sarah L Cave.) (Signed by Magistrate Judge Sarah L Cave on 6/8/2020) (jwh)
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Filing
56
ORDER SCHEDULING TELEPHONE CONFERENCE, A telephone status conference will be held in this matter on Wednesday, April 22, 2020 at 11:00 am. The parties are directed to call the Court's conference line at 866-390-1828, access code 380-9799, at the scheduled time. SO ORDERED. ( Telephone Conference set for 4/22/2020 at 11:00 AM before Magistrate Judge Sarah L Cave.) (Signed by Magistrate Judge Sarah L Cave on 4/15/20) (yv)
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Filing
53
ORDER granting 52 Letter Motion to Adjourn Conference: The status conference currently scheduled for January 23, 2020 is ADJOURNED until February 12, 2020 at 10:00 am in Courtroom 18A, 500 Pearl St., New York, New York. The Clerk of Court is respe ctfully directed to close the Letter-Motion at ECF No. 52. (Status Conference set for 2/12/2020 at 10:00 AM in Courtroom 18A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Sarah L Cave.) (Signed by Magistrate Judge Sarah L Cave on 1/14/2020) (jwh)
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Filing
49
ORDER FOR STATUS CONFERENCE, The parties are now ORDERED to appear for an in-person status conference on Thursday, January 23, 2020 at 11:30 am in Courtroom 18A, 500 Pearl Street, New York, New York. Defendants are warned that failure to appear at t his conference may result in sanctions. SO ORDERED. (Status Conference set for 1/23/2020 at 11:30 AM in Courtroom 18A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Sarah L Cave.) (Signed by Magistrate Judge Sarah L Cave on 1/13/20) (yv)
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Filing
48
ORDER FOR STATUS REPORT. As defendants have still failed to supply the Court or Plaintiffs with an update on the status of the supposed bankruptcy filing, defendants are hereby ORDERED to file such a status report by no later than January 10, 2020. Failure to do so will result in the Court ordering the parties to resume discovery in this case. (Signed by Magistrate Judge Sarah L Cave on 1/3/20) (yv)
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Filing
45
ORDER. Per the Order at ECF No. 44, the parties were directed to file a joint letter on the status of the bankruptcy filing by December 2, 2019. The parties are now ORDERED to file a joint status report by December 10, 2019 explaining their failure to comply with the Court's order and informing Court of the status of the bankruptcy. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 12/3/19) (yv)
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Filing
23
OPINION AND ORDER re: 20 FIRST MOTION to Dismiss Plaintiffs' Complaint filed by H.K. Second Ave Restaurant Inc., Shaheen Khan. Accordingly, for all the foregoing reasons, defendants' motion to dismiss plaintiffs' FLS A claims is denied. Defendants are directed to serve and file their answer no later than September 26, 2018. All counsel are ro report for a scheduling conference on October 4, 2018 at 11:30 a.m. in Courtroom 18-A, 500 Pearl Street, New York, New Yor k. The Clerk of the Court is respectfully requested to mark Docket Item 20 closed. SO ORDERED. (H.K. Second Ave Restaurant Inc. answer due 9/26/2018; Shaheen Khan answer due 9/26/2018; Maha Khondoker answer due 9/26/2018.) (Scheduling Conference set for 10/4/2018 at 11:30 AM in Courtroom 18A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Henry B. Pitman.) (Signed by Magistrate Judge Henry B. Pitman on 9/12/2018) (ne)
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