Mathew et al v. SMZ Impex, Inc. et al
Plaintiff: Roy Mathew, Abdur Howlader and Jayson Yesudasan
Defendant: SMZ Impex, Inc., Farm and Grocery, Inc., Kusum Shah, Bharat Shah, Jigar Shah, Mangesh Shah and Jagesh Shah
Case Number: 1:2017cv09870
Filed: December 18, 2017
Court: US District Court for the Southern District of New York
Office: Foley Square Office
Presiding Judge: Robert W. Sweet
Nature of Suit: Fair Labor Standards Act
Cause of Action: 29 U.S.C. ยง 201
Jury Demanded By: Plaintiff

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
January 14, 2022 Opinion or Order Filing 96 JUDGMENT PURSUANT TO RULE 68: IT IS HEREBY ORDERED, ADJUDICATED AND DECREED THAT: Pursuant to Rule 68 of the Federal Rules of Civil Procedure, and the Plaintiffs' acceptance on December 6, 2021 of Defendant's Offer of Judgment, by executi ng and filing the Offer of Judgment with the Court at Docket No. 93, Plaintiffs will take Judgment against the above- captioned Defendant, Farm and Grocery, Inc., in the amount of Ninety Thousand Dollars and No Cents ($90,000.00) according to the terms of the Offer of Judgment, appended as Exhibit A to this Judgement, with are fully and completely incorporated herein.,, Farm and Grocery, Inc. terminated. (Signed by Judge J. Paul Oetken on 1/13/2022) (ama)
August 10, 2021 Opinion or Order Filing 92 ORDER: The Court has been informed that the parties have reached a settlement in principle of this case. Accordingly, it is hereby ORDERED that this action is DISMISSED without costs and without prejudice to restoring the action to the Court's calendar, provided the application to restore the action is made within forty-five days. All filing deadlines and conference dates are adjourned sine die. So Ordered (Signed by Judge J. Paul Oetken on 8/10/2021) (js)
February 16, 2021 Opinion or Order Filing 88 ORDER denying 87 Letter Motion to Stay. In this judicial district, involvement in mediation is to have no impact on a scheduling order. This is made clear in Local Civil Rule 89.3(c)(4) of this court. Therefore, the instant application is denied. (Signed by Magistrate Judge Kevin Nathaniel Fox on 2/16/2021) (mro)
December 22, 2020 Opinion or Order Filing 86 ORDER terminating 81 JOINT LETTER MOTION for Discovery Conference, Pursuant to Section 2A of the Court's Individual Rules of Practice addressed to Magistrate Judge Kevin Nathaniel Fox from Chaya Gourarie, Esq. dated December 10, 2020. filed by Jayson Yesudasan, Miah Salim Mohammad, Abdur Howlader, Roy Mathew. IT IS HEREBY ORDERED that: 1. on or before January 5, 2021, the defendants shall supplement their interrogatory answers; 2. on or before January 5, 2021, the d efendants shall either supplement their responses to the plaintiffs' document demands or, in those instances where no responsive document(s) exists, tender an affidavit(s ) to the plaintiffs indicating clearly and unambiguously that no respon sive document(s) exists; 3. on or before January 5, 2021, the defendants shall provide the plaintiffs with a fully executed Internal Revenue Service ("IRS") Form No.4506, authorizing the IRS to release taxrelated documents to the plaintiff s; 4. all discovery, of whatever nature, shall be initiated so as to be completed on or before February 16, 2021; 5. any dispositive motion shall be filed on or before March 16, 2021; 6. the response to any such motion and any reply shall be made i n accordance with Local Civil Rule 6.1 of this court; and 7. if no dispositive motion is made, the parties shall submit their joint pretrial order to the court on or before March 16, 2021. That document must conform to the requirements for such a n order that are found in the Individual Rules of Practice of the assigned district judge. This order resolves Docket Entry No. 81. ( Discovery due by 2/16/2021. Motions due by 3/16/2021. Pretrial Order due by 3/16/2021.) (Signed by Magistrate Judge Kevin Nathaniel Fox on 12/22/2020) (va)
December 18, 2020 Opinion or Order Filing 83 ORDER: Counsel to the defendants failed to participate in the telephone conference scheduled for December 17, 2020; therefore, the conference could not proceed. The conference is rescheduled to December 22, 2020, at 10:00 a.m. All parties are dir ected to call (888) 557-8511 and, thereafter, enter access code 4862532. The parties are reminded that failing to comply with a court order may result in sanctions. (Signed by Magistrate Judge Kevin Nathaniel Fox on 12/18/2020) ( Telephone Conference set for 12/22/2020 at 10:00 AM before Magistrate Judge Kevin Nathaniel Fox.) (ks)
December 16, 2020 Opinion or Order Filing 82 ORDER: IT IS HEREBY ORDERED that a telephone conference shall be held in the above captioned action on December 17, 2020, at 11:00 a.m. All parties are directed to call (888) 557-8511 and, thereafter, enter access code 4862532. SO ORDERED. ( Telephone Conference set for 12/17/2020 at 11:00 AM before Magistrate Judge Kevin Nathaniel Fox.) (Signed by Magistrate Judge Kevin Nathaniel Fox on 12/17/2020) (va)
May 14, 2020 Opinion or Order Filing 75 ORDER: A conference was held with counsel to the respective parties on May 14, 2020. As a result of the discussion had during the conference, IT IS HEREBY ORDERED that: 1) all discovery, of whatever nature, be initiated so as to be completed on or be fore November 25, 2020; 2) the last date on which to amend pleadings will be July 1, 2020; 3) the last date on which to join additional parties will be July 1, 2020; 4) any dispositive motion shall be served and filed on or before December 29, 2020; 5) the response to any such motion and any reply shall be made in accordance with Local Civil Rule 6.1 of this court; 6) if no dispositive motion is made, the parties shall submit their joint pretrial order to the court on or before December 29, 2020 . That document must conform to the requirements for such an order that are found in the Individual Rules of Practice of the assigned district judge; and 7) a telephonic status conference shall be held with the parties on October 15, 2020, at 10:00 a .m. The parties shall use call-in number (888) 557-8511 and, thereafter, enter access code 4862532. SO ORDERED., ( Amended Pleadings due by 7/1/2020., Discovery due by 11/25/2020., Joinder of Parties due by 7/1/2020., Motions due by 12/29/2020., Pretrial Order due by 12/29/2020., Telephone Conference set for 10/15/2020 at 10:00 AM before Magistrate Judge Kevin Nathaniel Fox.) (Signed by Magistrate Judge Kevin Nathaniel Fox on 5/14/2020) (ama)
May 7, 2020 Opinion or Order Filing 74 ORDER: A telephonic conference was scheduled to be held on May 7, 2020, at 2:30 p.m. The defendants failed to participate in the conference; therefore, the conference could not go forward. A telephonic conference shall be held with the parties on May 14, 2020, at 10:30 a.m. The parties shall use call-in number (888) 557-8511 and, thereafter, enter access code 4862532. The parties are reminded that failing to comply with a court order may result in sanctions. SO ORDERED. ( Telephone Conference set for 5/14/2020 at 10:30 AM before Magistrate Judge Kevin Nathaniel Fox.) (Signed by Magistrate Judge Kevin Nathaniel Fox on 5/7/2020) (va)
May 4, 2020 Opinion or Order Filing 73 ORDER: IT IS HEREBY ORDERED that a telephonic conference shall be held on May 7, 2020, at 2:30 p.m. The parties shall use call-in number (888) 557-8511 and, thereafter, enter access code 4862532. SO ORDERED. ( Telephone Conference set for 5/7/2020 at 02:30 PM before Magistrate Judge Kevin Nathaniel Fox.) (Signed by Magistrate Judge Kevin Nathaniel Fox on 5/4/2020) (va)
September 16, 2019 Opinion or Order Filing 60 OPINION AND ORDER: For the foregoing reasons, Plaintiffs' motion for conditional collective action certification is GRANTED. The parties are directed to file a joint letter regarding the parties' respective positions on mediation and the sc hedule for discovery within fourteen days after the date of this order. The Clerk of Court is directed to close the motions at Docket Numbers 40 and 50. The Clerk is also directed to place Docket Number 43-2 under seal as it includes an unredacted Social Security number. SO ORDERED. (Signed by Judge J. Paul Oetken on 9/16/2019) (ama) Transmission to Sealed Records Clerk for processing.
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Plaintiff: Roy Mathew
Represented By: Chaya Mushke Gourarie
Represented By: Bennitta Lisa Joseph
Represented By: Jon Louis Norinsberg
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Plaintiff: Abdur Howlader
Represented By: Chaya Mushke Gourarie
Represented By: Bennitta Lisa Joseph
Represented By: Jon Louis Norinsberg
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Plaintiff: Jayson Yesudasan
Represented By: Chaya Mushke Gourarie
Represented By: Bennitta Lisa Joseph
Represented By: Jon Louis Norinsberg
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Defendant: SMZ Impex, Inc.
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Defendant: Farm and Grocery, Inc.
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Defendant: Kusum Shah
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Defendant: Bharat Shah
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Defendant: Jigar Shah
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Defendant: Mangesh Shah
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Defendant: Jagesh Shah
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