Nesbeth v. New York City Management LLC et al
| Nicholas Nesbeth |
| New York City Management LLC, City Property Management, New York City Property Management LLC, City Property Management & Development, Inc., Simsi Advisors, Inc., AIMCO, Aimco Properties, Aimco, Inc., Hamilton Heights, Hamilton Heights Clusters, Hamilton Heights Cluster Associates, L.P., Hamilton Heights Associates LP, The Besen Group, Besen Group Investment Realty, Besen Retail LLC, Besen & Associates Inc., Besen Capital LLC, Besen Residential LLC, Sanjay Gandhi, Michael Besen and Nancy Black |
| 1:2017cv08650 |
| November 7, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Edgardo Ramos |
| Employment |
| 28 U.S.C. ยง 1331 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
257
ORDER APPROVING SETTLEMENT... The Court finds that all of the terms of the proposed settlement, including the allocation of attorneys' fees and costs, appear to be fair and reasonable under the totality of the circumstances and in light of t he factors enumerated in Wolinsky v. Scholastic Inc., 900 F. Supp. 2d 332, 335 (S.D.N.Y. 2012). Accordingly, the Court approves the settlement. This action is dismissed with prejudice and without costs except as stated in the settlement agreement. The Court will retain jurisdiction to enforce the settlement agreement. Any pending motions are moot. The Clerk of Court is respectfully requested to close ECF No. 255, mark it as "granted," and close this case. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 4/10/20) (yv)
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Filing
247
ORDER TO SUBMIT SETTLEMENT MATERIALS, This case contains one or more claims arising under the Fair Labor Standards Act. In light of the requirements of Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015), the parties must file a j oint Letter-Motion that addresses whether the settlement is fair and reasonable. The parties must file their Letter-Motion by March 26, 2020, and should address the claims and defenses, the defendants' potential monetary exposure and the base s for any such calculations, the strengths and weaknesses of the plaintiff's case and the defendants' defenses, any other factors that justify the discrepancy between the potential value of plaintiff's claims and the settlement amou nt, the litigation and negotiation process, as well as any other issues that might be pertinent to the question of whether the settlement is reasonable (for example, the collectability of any judgment if the case went to trial) and as further set forth in this Order. SO ORDERED. (Motions due by 3/26/2020.) (Signed by Magistrate Judge Sarah L Cave on 3/5/20) (yv)
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Filing
245
ORDER OF DISCONTINUANCE: It having been reported to this Court that the parties have settled this action, but that settlement requires Court approval pursuant to Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199, 206 (2d Cir. 2015), the parties should advise the Court by March 6, 2020 whether they consent to reference of this case to Magistrate Judge Cave so that she can pass upon the reasonableness of the settlement. If the parties do not consent to reference to Magistrate Judge Cave, the parties should submit a memorandum to the Court no no later than March 20, 2020 explaining the reasonableness of the settlement including any provisions for attorney's fees. The memorandum should include a calculation of the lodestar for any attorney's fees sought by the plaintiff. All pending motions are dismissed as moot. All conferences are canceled. SO ORDERED. (Signed by Judge John G. Koeltl on 2/26/2020) (mml)
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Filing
244
ORDER: Pursuant to the Order at ECF No. 120, the Aimco Defendants (defined therein as Aimco; Aimco Properties, L.P.; and Aimco Inc.) were dismissed from the case with prejudice. (ECF No. 120 at 912). Accordingly, the Clerk of Court is respectfull y directed to terminate from the docket the Defendant Aimco Properties. Additionally, the Clerk of Court is respectfully directed to terminate from the docket the Defendant "Mr. Urban Green Management, LLC," as this entity was not named in the Second Amended Complaint and is not a party to this action. (ECF No. 138). (Aimco Properties and Mr. Urban Green Management, LLC terminated.) (Signed by Magistrate Judge Sarah L Cave on 2/21/2020) (rro)
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Filing
234
ORDER: The Court held a lengthy discovery conference in this matter today, February 14, 2020. The parties discussed Plaintiff's Motion to Compel defendants to produce outstanding at discovery (ECF No. 219), the Defendants' resp onses (ECF Nos. 220 and 221); Defendants' letter regarding Plaintiff's outstanding discovery (ECF No. 228), and Plaintiff's response (ECF No. 232). The parties are directed to exchange the pre-settlement conference documents as outl ined during the conference. The settlement conference scheduled for Friday, February 21, 2020 will be held as planned. (ECF No. 218). After the Settlement Conference, and if it remains necessary, the Court will address the Motion for an Extension of Time to complete discovery. (ECF No. 224). (Signed by Magistrate Judge Sarah L Cave on 2/14/2020) (mro)
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Filing
229
ORDER terminating 228 Letter Motion to Compel. The contents of this letter will be addressed at the conference scheduled for February 14, 2020. The Clerk of Court is respectfully directed to close the Motion at ECF No. 228. SO ORDERED. (Signed by Magistrate Judge Sarah L Cave on 2/10/20) (yv)
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Filing
227
ORDER granting 226 Letter Motion to Adjourn Conference. The requested adjournment of the February 10, 2020 telephone conference is GRANTED. The issues to be discussed at that conference will now be addressed at the pre-settlement conference schedu led for February 14, 2020. The Clerk of Court is respectfully directed to close the Letter-Motion at ECF No. 226. (Telephone Conference set for 2/14/2020 at 11:00 AM before Magistrate Judge Sarah L Cave.) (Signed by Magistrate Judge Sarah L Cave on 2/6/2020) (ne)
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Filing
223
ORDER: This case is referred to Magistrate Judge Cave for general pretrial matters. SO ORDERED. (Signed by Judge John G. Koeltl on 1/27/2020) (ks)
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Filing
120
MEMORANDUM OPINION AND ORDER. The Court has considered all of the arguments raised by the parties. To the extent not specifically addressed, the arguments are either moot or without merit. For the reasons explained above, the motions to dismiss fil ed by the Besen defendants, Hamilton Heights defendants, and Aimco defendants are granted. The plaintiff's complaint is dismissed without prejudice with respect to the Besen defendants and the Hamilton Heights defendants and dismissed with preju dice with respect to the Aimco defendants. The complaint is also dismissed without prejudice with respect to the City Management defendants. The plaintiff's request for sanctions is denied. The Aimco defendants' motion for sanctions is also denied. The plaintiff may take Rule 30(b) (6) depositions of the relevant Besen defendants and Hamilton Heights defendants to determine whether any of the entities in this case do not exist and to determine which defendants are allegedly liable for the actions about which the plaintiff complains. The Rule 30(b) (6) depositions must be completed within thirty (30) days of the date of this opinion. The plaintiff must then file his amended complaint within fifteen (15) days of completing his Rule 30(b) (6) depositions, and, in any event, within forty-five (45) days of the date of this opinion. The Clerk is directed to close all pending motions. SO ORDERED., (Michael Besen, Michael Besen (Jointly), Besen & Associates Inc., Besen Capital LLC , Besen Group Investment Realty, Besen Residential LLC, Besen Retail LLC, Nancy Black (Jointly), Nancy Black, City Property Management, City Property Management & Development, Inc., Sanjay Gandhi (Jointly), Sanjay Gandhi, Hamilton Heights, Hamilton Heights Associates LP, Hamilton Heights Cluster Associates, L.P., Hamilton Heights Clusters, New York City Management LLC, New York City Property Management LLC, Simsi Advisors, Inc., AIMCO and Aimco, Inc. terminated.) (Signed by Judge John G. Koeltl on 1/4/19) (yv)
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