Cruz v. Beignet, Inc. et al
| Carlos Cruz |
| Beignet, Inc., Beignets By Delimarie, Inc, Maria Pardo and Shaukat Anwer |
| 1:2017cv09528 |
| December 5, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| William H. Pauley |
| Fair Labor Standards Act |
| 29 U.S.C. ยง 201 |
| Plaintiff |
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Filing
56
DEFAULT JUDGMENT: Accordingly, it is hereby, ORDERED, ADJUDGED, AND DECREED, that default judgment be entered in favor of Plaintiff Carlos Cruz against the Defaulting Defendants, jointly severally, in the amount of (1) Eleven Thousand Five Hundred Fi fty-Six Dollars and Eighty Cents ($11,556.80); (2) prejudgment interest running from August 19, 2021 through the date the judgment is entered at a rate of 9% per annum; (3) plus post-judgment interest on all amounts awarded pursuant to 28 U SC § 1961, to run from the date of the judgment through the date the judgment is satisfied; and (4) attorneys' fees and costs. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED, that default judgment be entered in favor of William Cafaro, PC, as Plaintiff's counsel, against Defendants, jointly severally, in the amounts of (1) Seven Thousand One Hundred Ninety-Three Dollars and Twenty Cents ($7,193.20); (2) pre-judgment interest running from August 19, 2021 through the date the jud gment is entered at a rate of 9% per annum; (3) plus post-judgment interest on all amounts awarded pursuant to 28 USC § 1961, to run from the date of the judgment through the date the judgment is satisfied; and (4) attorneys' fees and costs. SO ORDERED. Copies transmitted to all counsel of record. (Signed by Magistrate Judge Robert W. Lehrburger on 10/17/2022) (mml)
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Filing
55
ORDER: As discussed at the show cause hearing on September 15, 2022, any application for attorney's fees and costs related to obtaining default judgment shall be filed by Plaintiff by October 15, 2022. Absent filing of such application, the Court will proceed in entering default judgment without an award of fees and costs. SO ORDERED. Copies transmitted to all counsel of record. (Motions due by 10/15/2022.) (Signed by Magistrate Judge Robert W. Lehrburger on 9/15/2022) (mml)
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Filing
52
ORDER Approving SETTLEMENT AND DISMISSING CASE: The Court assisted in mediating the settlement of this action and has carefully reviewed the Settlement Agreement as well as the parties' letter. The Court has taken into account, wit hout limitation, prior proceedings in this action; the attendant risks, burdens, and costs associated with continuing the action; the range of possible recovery; whether the Settlement Agreement is the product of arms length bargaining between experienced counsel or parties; the amount of attorney's fees; and the possibility of fraud or collusion. Among other attributes of the Settlement Agreement, there are no confidentiality or non- disparagement provisions; the release is narrowly tailored to wage and hour claims; and the attorneys fees are within a fair, reasonable, and acceptable range. Considering all the circumstances, the Court finds that the Settlement Agreement is fair and reasonable and h ereby approved. This case, having resolved by settlement, is hereby dismissed and discontinued in its entirety, with prejudice, without costs or fees to any party, except as provided for in the parties' settlement agreement. The Clerk of Court is respectfully requested to terminate all motions and deadlines, and close this case. So Ordered (Signed by Magistrate Judge Robert W. Lehrburger on 2/22/2021) Copies transmitted to all counsel of record (js)
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Filing
49
ORDER: Following multiple extensions, the deadline for the parties to submit a proposed settlement agreement and fairness letter expired as of October 15, 2019. Neither party has done anything to advance the ball since then. Accordingly, by Februa ry 22, 2021, Plaintiff shall show cause in writing why this case should not be dismissed for failure to prosecute. Absent a response, the case will be dismissed. SO ORDERED. Copies transmitted this date to all counsel of record. (Signed by Magistrate Judge Robert W. Lehrburger on 2/08/2021) (ama)
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