Fitz et al v. Bethel Gourmet Food Corp. et al
Plaintiff: Feliciano Fitz, Carmelo Baez, Jesus Baez, Miguel Vasquez and Oscar Portilla
Defendant: Bethel Gourmet Food Corp. and Yeong Y. Kim
Case Number: 1:2017cv08919
Filed: November 15, 2017
Court: US District Court for the Southern District of New York
Office: Foley Square Office
Presiding Judge: Paul G. Gardephe
Nature of Suit: Fair Labor Standards Act
Cause of Action: 29:201
Jury Demanded By: Both

Available Case Documents

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Date Filed Document Text
October 14, 2020 Opinion or Order Filing 69 CLERK'S JUDGMENT re: 68 Order on Motion for Miscellaneous Relief, Order on Motion to Continue in favor of Carmelo Baez, Feliciano Fitz, Jesus Baez, Miguel Vasquez, Oscar Portilla against 79 Deli NY Corp., Bethel Gourmet Food Corp., Pyungh ak Kim, Yeong Y. Kim, Yong M Oh in the amount of $500,000.00. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated October 14, 2020, this Court finds that Defendants have available assets of $500,000 or more. Pursuant to the parties Settlement Agreement (Dkt. No. 19-1), judgment in the amount of $500,000 is entered in favor of the Plaintiffs and against Defendants, jointly and severally; accordingly, this case is closed. (Signed by Clerk of Court Ruby Krajick on 10/14/2020) (Attachments: # 1 Right to Appeal) (km)
September 10, 2020 Opinion or Order Filing 60 ORDER: It is hereby ORDERED that the following briefing schedule will apply to the parties' submissions regarding the appropriate amount of assets available for the payment of a judgment by Defendants: 1. Initial submissions are due by September 24, 2020; and 2. Reply submissions are due by October 8, 2020. SO ORDERED. (Signed by Judge Paul G. Gardephe on 9/10/2020) (jca)
August 6, 2020 Opinion or Order Filing 59 ORDER: It is hereby ORDERED that shall be a telephone conference in this matter on September 10, 2020 at 11:15 a.m. The parties are directed to dial 888-363-4749 to participate, and to enter the access code 6212642. The press and public may obtai n access to the telephone conference by dialing the same number and using the same access code. The Court is holding multiple telephone conferences on this date. The parties should call in at the scheduled time and wait on the line for their case to be called. At that time, the Court will un-mute the parties' lines. No later than September 7, 2020, the parties must email GardepheNYSDChambers@nysd.uscourts.gov with the phone numbers that the parties will be using to dial into the conference so that the Court knows which numbers to un-mute. The email should include the case name and case number in the subject line. SO ORDERED. (Telephone Conference set for 9/10/2020 at 11:15 AM before Judge Paul G. Gardephe.) (Signed by Judge Paul G. Gardephe on 8/6/2020) (jca)
July 7, 2020 Opinion or Order Filing 58 ORDER: It is hereby ORDERED that shall be a telephone conference in this matter on August 6, 2020 at 11:00 a.m. Seven days before the conference, the parties must submit a joint letter addressing the following in separate paragraphs: (1) a brief desc ription of the case, including the factual and legal bases for the claim(s) and defense(s); (2) any contemplated motions; and (3) the prospect for settlement. For the Court's convenience, the parties must set forth the conferences date and time in the joint letter's opening paragraph. The Court directs the parties to consult its Individual Practices and model Case Management Plan and Scheduling Order both of which are available on the Court's web site and to submit with their jo int letter a jointly proposed Case Management Plan. The parties are directed to dial 888-363-4749 to participate, and to enter the access code 6212642. The press and public may obtain access to the telephone conference by dialing the same number and using the same access code. The Court is holding multiple telephone conferences on this date. The parties should call in at the scheduled time and wait on the line for their case to be called. At that time, the Court will un-mute the parties' li nes. No later than August 3, 2020, the parties must email GardepheNYSDChambers@nysd.uscourts.gov with the phone numbers that the parties will be using to dial into the conference so that the Court knows which numbers to un-mute. The email should include the case name and case number in the subject line. SO ORDERED., ( Telephone Conference set for 8/6/2020 at 11:00 AM before Judge Paul G. Gardephe.) (Signed by Judge Paul G. Gardephe on 7/07/2020) (ama)
December 17, 2019 Opinion or Order Filing 51 ORDER: On May 6, 2019, Plaintiffs filed a letter requesting leave to file an Amended Complaint. (Dkt. No. 35) This Court held a conference in this matter on November 25, 2019 to discuss this request and other aspects of the case. Since all parties indicated their consent to this request, Plaintiffs are hereby granted leave to file an Amended Complaint as outlined in their May 6, 2019 letter. The Amended Complaint is to be filed by December 24, 2019. SO ORDERED. (Amended Pleadings due by 12/24/2019.) (Signed by Judge Paul G. Gardephe on 12/17/2019) (jca)
December 13, 2019 Opinion or Order Filing 48 ORDER: It is hereby ORDERED that there shall be a conference in this matter to discuss these issues on December 18, 2019 at 3:00 p.m. in Courtroom 705 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York, and that Andrew M. Park and Jong Chan Park attend the conference. The parties are directed to inform Andrew M. Park and Jong Chan Park of the conference. SO ORDERED. (Status Conference set for 12/18/2019 at 03:00 PM in Courtroom 705, 40 Centre Street, New York, NY 10007 before Judge Paul G. Gardephe.) (Signed by Judge Paul G. Gardephe on 12/13/2019) (jca)
November 18, 2019 Opinion or Order Filing 42 ORDER: It is hereby ORDERED that there shall be a conference in this matter to discuss these issues on Monday, November 25, 2019 at 10:00 a.m. in Courtroom 705 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York, and that Andrew M. Park attend the conference. The parties are directed to inform Mr. Park of the conference. SO ORDERED. (Status Conference set for 11/25/2019 at 10:00 AM in Courtroom 705, 40 Centre Street, New York, NY 10007 before Judge Paul G. Gardephe.) (Signed by Judge Paul G. Gardephe on 11/18/2019) (jca)
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Search for this case: Fitz et al v. Bethel Gourmet Food Corp. et al
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Plaintiff: Feliciano Fitz
Represented By: Martin E. Restituyo
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Plaintiff: Carmelo Baez
Represented By: Martin E. Restituyo
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Plaintiff: Jesus Baez
Represented By: Martin E. Restituyo
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Plaintiff: Miguel Vasquez
Represented By: Martin E. Restituyo
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Plaintiff: Oscar Portilla
Represented By: Martin E. Restituyo
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Defendant: Bethel Gourmet Food Corp.
Represented By: Diane Hwakyung Lee
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Defendant: Yeong Y. Kim
Represented By: Diane Hwakyung Lee
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