Almonte Tello et al v. 74 Fifth Ave Market, Corp. et al
Plaintiff: Leonel Almonte Tello
Defendant: 74 Fifth Ave Market, Corp., Valent & Cook at 57 Street Corp. and Byung Lim
Case Number: 1:2018cv00210
Filed: January 10, 2018
Court: US District Court for the Southern District of New York
Office: Foley Square Office
Presiding Judge: Ronnie Abrams
Nature of Suit: Fair Labor Standards Act
Cause of Action: 29 U.S.C. ยง 201
Jury Demanded By: Plaintiff

Available Case Documents

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Date Filed Document Text
March 10, 2022 Opinion or Order Filing 109 ORDER: On February 18, 2022, the parties were ordered to file a status letter by March 4, 2022. ECF No. 108. As of the issuance of this order, the parties have failed to do so. The parties' joint letter is due no later than March 14, 2022. So Ordered. (Signed by Magistrate Judge Sarah Netburn on 3/10/2022) (js)
February 18, 2022 Opinion or Order Filing 108 ORDER: The Court held a conference to discuss the status of this case on Friday, February 18, 2022. Counsel for the Plaintiff appeared; pro se Defendant Byung Lim did not. Plaintiff's counsel represented that the parties have reached a settle ment in principle to resolve the action as to all defendants, but that Defendant Lim has not sent Plaintiff's counsel the agreement or the documents he sent to the Court. See ECF Nos. 104-106. Defendant Lim is advised that, absent a settlement agreement, Plaintiff may seek and the Court may enter a default against him and the corporate defendants. To the extent Defendant Lim seeks legal advice regarding the settlement agreement, the NYLAG Pro Se Clinic is available to assist pro se liti gants. Information about the Clinic is available at: https://www.nysd.uscourts.gov/attorney/legal-assistance. Additionally, by March 4, 2022, the parties are to submit a joint letter advising the Court as to the status of the case. (Signed by Magistrate Judge Sarah Netburn on 2/18/2022) (ras)
February 16, 2022 Opinion or Order Filing 107 ORDER: A conference to discuss the status of this case is scheduled for Friday, February 18, 2022, at 9:00 a.m. At that time the parties should dial into the Court's dedicated teleconferencing line at (877) 402-9757 and enter Access Code 7 938632, followed by the pound (#) key. If this date is unavailable for any party, they must contact Courtroom Deputy Rachel Slusher immediately at (212) 805-0286. (Telephone Conference set for 2/18/2022 at 09:00 AM before Magistrate Judge Sarah Netburn.) (Signed by Magistrate Judge Sarah Netburn on 2/16/2022) (ras)
January 27, 2022 Opinion or Order Filing 104 ORDER: The Court has received documents from Defendant Byung Lim, including time cards, a wage notice, and a list of employee rules and policies for the establishment where Plaintiff worked. No later than January 31, 2022, Plaintiff shall file a letter confirming whether he has also received these documents. Because some of the records appear to contradict Plaintiff's allegations, Plaintiff is ORDERED to refile his proposed findings of fact and conclusions of law and to file the settl ement agreement for the Court's review no later than February 17, 2022. In the alternative, in light of the parties' reported settlement in principle with the only viable Defendant, ECF No. 103, Plaintiff may seek to withdraw his damages claim against the defaulting Defendants as part of a global resolution. (Signed by Magistrate Judge Sarah Netburn on 1/27/2022) (ras)
January 18, 2022 Opinion or Order Filing 102 ORDER: As discussed at the January 14, 2022 conference, Plaintiffs counsel shall file a letter no later than January 28, 2022, informing the Court of the status of settlement discussions. Defendant Byung Lim shall mail copies of the time cards in his possession to Plaintiff's counsel and to the Court no later than January 21, 2022. SO ORDERED. (Signed by Magistrate Judge Sarah Netburn on 1/18/2022) (js)
January 11, 2022 Opinion or Order Filing 100 ORDER: Due to a scheduling conflict, the conference currently scheduled for Wednesday, January 12, 2022, at 11:00 a.m, is ADJOURNED to Friday, January 14, 2022, at 11:00 a.m.. At that time the parties should dial into the Court's dedicated te leconferencing line at (877) 402-9757 and enter Access Code 7938632, followed by the pound (#) key. If this date is unavailable for any party, they must contact Courtroom Deputy Rachel Slusher immediately at (212) 805-0286. (Telephone Conference set for 1/14/2022 at 11:00 AM before Magistrate Judge Sarah Netburn.) (Signed by Magistrate Judge Sarah Netburn on 1/11/2022) (ras)
January 10, 2022 Opinion or Order Filing 99 ORDER: Due to a scheduling conflict, the conference currently scheduled for Tuesday, January 11, 2022, at 11:30 a.m, is ADJOURNED to Wednesday, January 12, 2022, at 11:00 a.m.. At that time the parties should dial into the Court's dedicated t eleconferencing line at (877) 402-9757 and enter Access Code 7938632, followed by the pound (#) key. If this date is unavailable for any party, they must contact Courtroom Deputy Rachel Slusher immediately at (212) 805-0286. (Telephone Conference set for 1/12/2022 at 11:00 AM before Magistrate Judge Sarah Netburn.) (Signed by Magistrate Judge Sarah Netburn on 1/10/2022) (ras)
January 7, 2022 Opinion or Order Filing 98 ORDER: A conference to discuss the status of this case is scheduled for Tuesday, January 11, 2022, at 11:30 a.m. At that time the parties should dial into the Court's dedicated teleconferencing line at (877) 402-9757 and enter Access Code 793 8632, followed by the pound (#) key. If this date is unavailable for any party, they must contact Courtroom Deputy Rachel Slusher immediately at (212) 805-0286. (Telephone Conference set for 1/11/2022 at 11:30 AM before Magistrate Judge Sarah Netburn.) (Signed by Magistrate Judge Sarah Netburn on 1/7/2022) (ras)
May 17, 2021 Opinion or Order Filing 88 SCHEDULING ORDER FOR DAMAGES INQUEST: No later than 30 days after entry of this Order, Plaintiff shall file Proposed Findings of Fact and Conclusions of Law describing all claimed damages and any other monetary relief...A courtesy copy of any docu ment filed with the Court shall be sent or delivered to the Court as required by the Individual Practices of Judge Netburn, paragraph III(b), and as further set forth herein. In addition, Judge Abrams referred the Plaintiff and non-defaulting Defen dant, Byung Lim, to my docket for a settlement conference. As soon as possible, the parties should contact Courtroom Deputy Rachel Slusher, rachel_slusher@nysd.uscourts.gov, with three mutually convenient dates on which to conduct a settlement conference. (ras)
May 7, 2021 Opinion or Order Filing 86 ORDER granting in part and denying in part 68 Motion for Default Judgment; granting in part and denying in part 20 Motion for Default Judgment. For the reasons stated at today's hearing, the motion for default judgment is GRANTED as to Defendants 74 Fifth Ave Market Corp. and Valent & Cook at 57 Street Corp. The motion is DENIED as to Defendant Byung Lim. By separate order, this action will be referred to Magistrate Judge Netburn for an inquest on damages and for possible settlement discussions between Plaintiff and Mr. Lim. The Clerk of Court is respectfully directed to terminate the motions pending at docket entries 20 and 68.. (Signed by Judge Ronnie Abrams on 5/7/2021) (nb)
October 15, 2020 Opinion or Order Filing 74 ORDER with respect to 68 Motion for Default Judgment. On August 11, 2020, Plaintiff moved for default judgment against Defendants 74 Fifth Ave Market, Corp., Valent & Cook at 57 Street Corp., and Byung Lim. Dkt. 68. On August 28, 2020, this Cour t informed Plaintiff that to obtain default judgment, he must obtain an operative certificate of default against Defendant Byung Lim. Dkt. 73. To date, Plaintiff has not done so. If Plaintiff continues to seek default judgment, he must file an operat ive certificate of default against Mr. Lim. Failure to do so by November 15, 2020, will result in dismissal of this action for failure to prosecute pursuant to Rule 41(b) of the Federal Rules of Civil Procedure. SO ORDERED. (Signed by Judge Ronnie Abrams on 10/15/2020) (kv)
August 28, 2020 Opinion or Order Filing 73 ORDER: Accordingly, if Plaintiff wishes to pursue default judgment against Defendant Byung Lim, he must obtain a new Certificate of Default from the Clerk of Court. And as set forth herein. SO ORDERED. (Signed by Judge Ronnie Abrams on 8/28/2020) (ama)
July 14, 2020 Opinion or Order Filing 65 ORDER: On February 17, 2020, Plaintiff appeared to move for a default judgment. However, Plaintiff has not done so in accordance with this Court's individual rules (https://www.nysd.uscourts.gov/sites/default/files/practice_documents/Judge� 37;20Abrams%20-%20Individual%20Rules%20of%20Practice%20in%20Civil%20Cases.pdf). Therefore, if Plaintiff still intends to move for a default judgment, he shall do so, in accordance with this Court's individual rules, no later than July 28, 2020., Motions due by 7/28/2020. (Signed by Judge Ronnie Abrams on 7/14/2020) (rj)
January 27, 2020 Opinion or Order Filing 56 ORDER: Since September 6, 2019, the Court has been directing the parties to file their settlement fairness motion. Again, on January 6, 2020, the Court ordered Plaintiff to either file the settlement fairness motion or a status letter by January 21, 2020. The parties have not filed either. No later than February 3, 2020, the Plaintiff shall either file the settlement fairness motion or a motion for default. If the Plaintiff fails to do either, the Court may dismiss this action for failure to prosecute. (Signed by Magistrate Judge Sarah Netburn on 1/27/2020) Copies Mailed By Chambers. (ras)
January 6, 2020 Opinion or Order Filing 55 ORDER: No later than January 21, 2020, Plaintiff is directed to either file the settlement fairness motion or a status letter. In appropriate, the letter should also address whether Plaintiff intends to renew the motion for default judgment against Defendant Lim. (Signed by Magistrate Judge Sarah Netburn on 1/6/2020) Copies Mailed By Chambers. (ras)
December 2, 2019 Opinion or Order Filing 53 ORDER: On October 15, 2019, the Court granted Plaintiff's request for an additional 30 days to submit the settlement fairness motion. Plaintiff thus had until November 13, 2019 to file this motion. To date, however, the Court has not received the motion. No later than December 6, Plaintiff shall file the settlement fairness motion or a letter updating the Court on the status of the case. ( Motions due by 12/6/2019.) (Signed by Judge Ronnie Abrams on 12/2/2019) (mro)
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Plaintiff: Leonel Almonte Tello
Represented By: Michael Antonio Faillace
Represented By: Sara Jacqueline Isaacson
Represented By: Michael Antonio Faillace
Represented By: Sara Jacqueline Isaacson
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Defendant: 74 Fifth Ave Market, Corp.
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Defendant: Valent & Cook at 57 Street Corp.
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Defendant: Byung Lim
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