Flores Moreno et al v. JJ Food Market Corp. et al
| Aurelio Flores Moreno and Lucino Morales Victoria |
| JJ Food Market Corp. and Julian Ramos |
| 1:2017cv09439 |
| December 1, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Robert W. Sweet |
| Fair Labor Standards Act |
| 29 U.S.C. ยง 201 |
| Plaintiff |
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Filing
104
MEMORANDUM ORDER: The Court has carefully considered the parties' joint submission, which includes the parties' settlement agreement, Plaintiffs' counsel's calculation of Plaintiffs' estimated recoverable damages if this case were to proceed to trial, and Plaintiffs' counsel's time sheets. (See docket entry nos. 102-1 through 102-3.) In light of the factors articulated above, as well as the Court's review of the agreement and the parties' repre sentations as set forth in Plaintiffs' letter dated June 25, 2021 (docket entry no. 102), the Court finds that the proposed settlement agreement, including the attorneys' fees and expense award component, is fair and reasonable and that it satisfies the requirements of Cheeks. (Signed by Judge Laura Taylor Swain on 6/28/2021) (nb)
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Filing
101
ORDER: The attorneys for the parties have advised the Court that this action has been or will be settled. Accordingly, it is hereby ORDERED that the parties shall file a motion for approval of the settlement, accompanied by evidence in the form of one or more affidavits demonstrating that the settlement is fair and reasonable and requesting approval of the same, by June 25, 2021. The parties' motion and evidence must address the factors enumerated in Wolinsky v. Scholastic Inc., 90 0 F. Supp. 2d 332, 335 (S.D.N.Y. 2012), including: (1) the plaintiff's range of possible recovery; (2) the extent to which the settlement will enable the parties to avoid anticipated burdens and expenses in establishing their respective claim s and defenses; (3) the seriousness of the litigation risks faced by the parties; (4) whether the settlement agreement is the product of arm's-length bargaining between experienced counsel; and (5) the possibility of fraud or collusion.&q uot; Id. (internal quotation marks and citation omitted). So Ordered.The parties motion should also address factors that weigh against approving a settlement... [including:] (1) the presence of other employees situated similarly to the claimant; ( 2) [the]likelihood that the claimants circumstances will recur; (3) a[ny] history of FLSA non-compliance by the same employer or others in the same industry or geographic region; and (4) the desirability of a mature record and a pointed determination of the governing factual or legal issue to further the development of the law either in general or in an industry or in a workplace.Id. at 336 (internal quotation marks and citation omitted). (Motions due by 6/25/2021.) (Signed by Judge Laura Taylor Swain on 5/25/2021) (js)
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Filing
100
ORDER granting 99 Letter Motion to Adjourn Conference; granting 99 Letter Motion for Leave to File Document. Application granted. The final pretrial conference currently scheduled for June 11, 2021, at 2:00 p.m., is adjourned sine die. The parties shall submit their settlement agreement for the Court's review by June 25, 2021. DE#99 resolved. SO ORDERED. (Signed by Judge Laura Taylor Swain on 5/24/2021) (vfr)
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Filing
94
MEMORANDUM ORDER denying 73 Motion for Summary Judgment. For the foregoing reasons, Plaintiffs' motion for summary judgment is denied. The parties are directed to meet and confer concerning settlement, and to file a letter directed to the att ention of Magistrate Judge Fox by February 26, 2021, stating whether they wish to engage in judicially-supervised settlement negotiations, or to be referred to the Court's Mediation Office for mediation, in advance of the final pretrial conferen ce scheduled for June 11, 2021, at 2:00 p.m. (See Docket Entry No. 93.) Absent a settlement, the parties must make their pre-conference disclosures and submissions in accordance with the schedule set forth in the Pretrial Scheduling Order filed contemporaneously herewith. This Memorandum Order resolves Docket Entry No. 73. SO ORDERED. (Signed by Judge Laura Taylor Swain on 2/17/2021) (ama)
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Filing
93
ORDER: granting 92 Letter Motion to Adjourn Conference. In light of the pending summary judgment motion, the final pretrial conference is adjourned to June 11, 2021, at 2:00 p.m., and the related deadlines are suspended pending further order of the Court. DE# 92 resolved. SO ORDERED. Final Pretrial Conference set for 6/11/2021 at 02:00 PM before Judge Laura Taylor Swain. (Signed by Judge Laura Taylor Swain on 1/19/2021) (ama)
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Filing
65
ORDER terminating 64 Letter Application to Change Attorney Name on Roll... that previously admitted under the name of is now admitted to practice on the rolls of attorneys of the Southern District of New York. The Court is not able to provid e litigants or their counsel advice. Counsel is directed to review the relevant Local Civil Rule of this court and the associated Committee Note and to proceed in strict accordance with the same. SO ORDERED (Signed by Magistrate Judge Kevin Nathaniel Fox on 9/5/20) (yv)
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Filing
62
ORDER: A telephonic conference was held with counsel to the respective parties on July 21, 2020. As a result of the discussion had during the conference, IT IS HEREBY ORDERED that all discovery, of whatever nature, shall be initiated so as to be completed on or before September 21, 2020. SO ORDERED. ( Discovery due by 9/21/2020.) (Signed by Magistrate Judge Kevin Nathaniel Fox on 7/21/2020) (va)
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Filing
61
ORDER: IT IS HEREBY ORDERED that a telephone conference shall be held in the above- captioned action on July 21, 2020, at 2:00 p.m. All counsel are directed to call (888) 557-8511 and, thereafter, enter access code 4862532. So Ordered. (Telephone Conference set for 7/21/2020 at 02:00 PM before Magistrate Judge Kevin Nathaniel Fox.) (Signed by Magistrate Judge Kevin Nathaniel Fox on 6/19/2020) (js)
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Filing
42
DEFAULT JUDGMENT: NOW, on motion of Plaintiffs, by their attorneys Michael Faillace & Associates, P.C., it is hereby ORDERED, ADJUDGED AND DECREED: That the Plaintiffs have judgment jointly and severally against the Corporate Defendant JJ Food Market Corp. (d/b/a JJ Food Market) by default, in the amounts that follow, including compensatory damages and permissible liquidated damages and prejudgment interest, all computed as provided in 28 U.S.C. § 1961(a): For Plaintiff Aurelio Flores Moren o: $348,973.66, which includes prejudgment interest on back wages and spread of hours owed upon the amount of $136,392.50 at the rate of 9% per annum from March 1, 2012 to the date of judgment, which is calculated to be $65,078.65 . For Plaintiff Lucino Morales Victoria: $441,551.44, which includes prejudgment interest on back wages and spread of hours owed upon the amount of $175,380.31 at the rate of 9% per annum from November 1, 2011 to the date of judgment, which is calculated to be $80, 790.82. That the Plaintiffs are awarded attorney's fees in the amount of $7,415.00 and costs in the amount of $516.20, all computed as provided in 28 U.S.C. § 1961(a). That the Plaintiffs are a warded post judgment interest, as calculated under 28 U.S.C. § 1961. That if any amounts remain unpaid upon the expiration of ninety days following issuance of judgment, or ninety days after expiration of the time to appeal and no appeal is then pending, whichever is later, the total amount of judgment shall automatically increase by fifteen percent, as required by NYLL § 198(4)., JJ Food Market Corp. terminated. (Signed by Judge Laura Taylor Swain on 11/26/2019) (ama)
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