Pacheco et al v. Chickpea at 14th Street Inc. et al
| Jose Pacheco and Jane Doe |
| Chickpea at 14th Street Inc., Chickpea at Houston Inc., Chickpea at LIC, Inc., Chickpea at Penn Inc., Chickpea International Inc., Chickpea on 6th Avenue Inc., Chickpea World LLC, John Doe Corps 1-10, Ashish Kapoor and John Does 1-10 |
| 1:2018cv00251 |
| January 11, 2018 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Jesse M. Furman |
| Fair Labor Standards Act |
| 29 U.S.C. ยง 201 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
310
ORDER: The fairness hearing scheduled for August 20, 2020, at 4:00 p.m. (Docket # 299) will take place telephonically. At that time, the parties shall dial (888) 557-8511 and use access code: 6642374. (The public may also dial in but will be permitte d only to listen.) The Court will record the proceeding for purposes of transcription in the event a transcript is ordered. However, any other recording or dissemination of the proceeding in any form is forbidden.When addressing the Court, counsel mu st not use a speakerphone. Each attorney or unrepresented party is directed to ensure that all other attorneys or unrepresented parties on the case are aware of the change. SO ORDERED., ( Fairness Hearing set for 8/20/2020 at 04:00 PM before Magistrate Judge Gabriel W. Gorenstein., Telephone Conference set for 8/20/2020 at 04:00 PM before Magistrate Judge Gabriel W. Gorenstein.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 7/31/2020) (ama)
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Filing
299
ORDER (1) CONDITIONALLY CERTIFYING SETTLEMENT CLASS AND APPROVING COLLECTIVE ACTION, (2) DIRECTING DISSEMINATION OF A NOTICE TO THE CLASS OF A PROPOSED CLASS ACTION SETTLEMENT AND PLAN OF ALLOCATION, AND (3) SETTING DATE FOR FAIRNESS HEARING AND REL ATED DATES: Having reviewed the parties' amended Settlement Agreement (Docket # 298 ) along with the parties' prior submissions in this matter, the Court now ORDERS as follows: (As further set forth herein this Order.) ( Fairness Hearing set for 8/20/2020 at 04:00 PM in Courtroom 6B, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Gabriel W. Gorenstein.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 3/30/2020) (va)
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Filing
297
ORDER: The Court is prepared to preliminarily approve the proposed settlement agreement reflected in Docket # 293 along with the revised notice. The parties shall file the executed agreement within 14 days. At the same time, theyshall file a letter a ttaching a revised proposed order ( and shall email the proposed order to Chambers in Word or Wordperfect format). The letter may include requests for particular dates for the fairness hearing, which would normally be scheduled for 4:00 p.m. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 3/04/2020) (ama)
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Filing
294
ORDER. The Court still finds the proposed settlement problematic in two respects. The Court asks that the parties report on these matters on or before February 27, 2020. As further set forth in the Order. (Signed by Magistrate Judge Gabriel W. Gorenstein on 02/13/2020) (GWG)
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Filing
284
ORDER: Oral argument on the pending motion for preliminary approval of a settlement will take place on January 9, 2020, at 3:30 p.m. in Courtroom 6-B, United States Courthouse, 500 Pearl Street, New York, New York. The Court directs that the par ties submit a joint or separate letters on the following topics on or before January 2, 2020. In addition, at the oral argument, the Court will raise the following topics/questions. If the parties wish to address any of these topics in writing in advance of the argument, they are welcome to do so. As further set forth in the Order. (Signed by Magistrate Judge Gabriel W. Gorenstein on 12/17/2019) (rch)
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Filing
280
MEMORANDUM OPINION AND ORDER. The Court finds that an appropriate sanction would be 30% of the requested fees, totaling an amount of $2,385.15. See, e.g., Craig v. UMG Recordings, Inc., No. 16-CV-5439 (JPO), 2019 WL 2992043, at *5 (S.D.N .Y. July 9, 2019) ("[A] court may apply an across-the-board reduction to effectuate the reasonable imposition of fees."). Further, because Mr. Nuwesra's conduct is "indistinguishable" from that of his firm, the Law Offices of Lee Nuwesra, the Court imposes sanctions on Mr. Nuwesra, the Law Offices of Lee Nuwesra, and Defendants jointly and severally. See Rice v. NBCUniversal Media, LLC, No. 19-CV-447 (JMF), 2019 WL 3000808, at *6 (S.D.N.Y. July 10, 2019). The Court f inds that ordering them to pay Plaintiff $2,385.15 is sufficient but no greater than necessary to deter repetition of the sanctionable conduct in the future. See, e.g., Weiss v. Weiss, 984 F. Supp. 682, 686 (S.D.N.Y. 1997); see also, e.g., Ne roni v. Becker, 609 F. App'x 690, 693 (2d Cir. 2015) (summary order) (affirming Section 1927 and inherent authority sanctions in the amount of $6,997.50 at a rate of $225 per hour as "modest" and "reasonable"). Wi thin thirty days of the date of this Memorandum Opinion and Order, Mr. Nuwesra, the Law Offices of Lee Nuwesra, and Defendants shall pay sanctions to Plaintiff in the amount of $2,385.15. Within one week of receiving payment, Plaintiff shall file confirmation of the payment on ECF. The Court retains jurisdiction to impose additional sanctions as appropriate. SO ORDERED. (Signed by Judge Jesse M. Furman on 12/6/19) (yv)
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Filing
258
MEMORANDUM OPINION AND ORDER ADOPTING REPORT AND RECOMMENDATION for 189 Motion to Dismiss filed by C P At Madison Avenue Incorporated, Chickpea at 14th Street Inc., Chickpea World LLC, C P At Lexington Avenue Incorporated, Chickpea Inte rnational Inc., Akbarali Himani, Alimade LLC, Chickpea at Houston Inc., CP at 45th St Incorporated, C P at William St. Incorporated, Chickpea on 6th Avenue Inc., Chickpea at LIC, Inc., Chickpea at Penn Inc., Sanaa Enterprises, Inc., Ronald Siegel, 246 Motion for Report and Recommendations filed by C P At Madison Avenue Incorporated, Chickpea at 14th Street Inc., C P At Lexington Avenue Incorporated, Chickpea International Inc., Akbarali Himani, Alimade LLC, CP at 45th St Incorporated, C P at William St. Incorporated, Chickpea on 6th Avenue Inc., Chickpea at Penn Inc., Chickpea at LIC, Inc., Sanaa Enterprises, Inc., Ronald Siegel. Accordingly, no later than August 19, 2019, Defendants and their c ounsel shall show cause in writing why sanctions should not be imposed - specifically, why Defendants and/or their counsel should not be required to reimburse Plaintiff, at a minimum, for the fees and costs in connection with Defendants' objecti ons to the R&R. Plaintiff shall file any response no later than August 26, 2019. By the same date, Plaintiff shall submit a detailed accounting of all fees and costs incurred in connection with Defendants' objections to the R&R, supported by ap propriate contemporaneous documentation. For the foregoing reasons, the R&R is ADOPTED in its entirety and Defendants' motion to dismiss is DENIED. The Clerk of Court is directed to terminate ECF Nos. 189 and 246. SO ORDERED. (Signed by Judge Jesse M. Furman on 8/5/2019) (ne)
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