Guerra v. Trece Corp. et al
| Ana Guerra |
| Trece Corp. and Joel Lim |
| 1:2018cv00625 |
| January 24, 2018 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Edgardo Ramos |
| Fair Labor Standards Act |
| 29 U.S.C. ยง 201 |
| Plaintiff |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
72
ORDER: The Court finds that the proposed settlement agreement is fair and reasonable, and approves the agreement. The Court hereby dismisses the case with prejudice. The Clerk of Court is respectfully directed to terminate the motion, Doc. 71, and close the case. (As further set forth in this Order.) (Signed by Judge Edgardo Ramos on 5/11/2021) (cf)
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Filing
70
ORDER: On January 20, 2021, the parties informed the Court that they had reached a settlement in principle, and that they intended to submit the agreement to the Court for approval in 30 days. No settlement has been submitted. The parties are therefore directed to submit the settlement agreement to the Court for approval by no later than April 12, 2021. (Signed by Judge Edgardo Ramos on 4/5/2021) (mro)
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Filing
68
ORDER: The Court has been advised that the parties attended mediation on January 14, 2021 but that no agreement was reached. The parties are therefore instructed to submit a joint status update by no later than January 20, 2021. It is SO ORDERED. (Signed by Judge Edgardo Ramos on 1/14/2021) (va)
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Filing
67
ORDER SCHEDULING TELEPHONIC SETTLEMENT CONFERENCE: A settlement conference is scheduled before Magistrate Judge Stewart Aaron on Thursday, January 14, 2021 at 10:00 a.m. The settlement shall proceed by telephone unless the parties advise the Cour t that they have access to and prefer proceeding by alternative remote means, such as by video. The Court will provide dial-in information to the parties by email before the conference. The parties must comply with the Settlement Conference Procedu res for Magistrate Judge Stewart D. Aaron, available at https://nysd.uscourts.gov/hon-stewart-d-aaron. SO ORDERED. (Telephonic Settlement Conference set for 1/14/2021 at 10:00 AM before Magistrate Judge Stewart D. Aaron.) (Signed by Magistrate Judge Stewart D. Aaron on 12/21/2020) (kl)
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Filing
64
OPINION AND ORDER re: 51 CROSS MOTION for Summary Judgment filed by Joel Lim, Trece Corp., 42 MOTION for Summary Judgment Notice of Motion filed by Ana Guerra. The Court grants in part and denies in part the par ties' cross-motions for summary judgment. Specifically: The court grants Guerra's motion for summary judgment on: Lim's liability as an employer under the FLSA and NYLL; Lim's liability for failure to provide wage no tices and wage statements under NYLL; Lim's liability for failure to pay minimum wage under the FLSA and NYLL; Lim's liability for failure to pay overtime premiums for the week of April 29May 5, 2013; and Lim's inability to claim a tip credit. The Court denies Guerra's motion for summary judgment on: Lim's liability for failure to pay Guerra an hourly wage as required by NYLL; Lim's liability for misappropriation of gratuities; Lim's liability for failure to pay Plaintiff spread of hour payments under NYLL; Lim's liability for failure to pay overtime premiums for all weeks except the week of April 29May 5, 2013; and Defendants' liability for pregnancy discriminati on under NYSHRL and NYCHRL; The Court grants Defendants' motion for summary judgment on: Dismissal of all claims against Trece due to its bankruptcy discharge; and Dismissal of Guerra's NYSHRL and NYCHRL claims for lack of subjec t matter jurisdiction. The Court denies Defendants' motion for summary judgment as moot on: Dismissal of Guerra's NYSHRL and NYCHRL claims against Lim on the basis that he is not an employer under these statutes. The Clerk of Court is respectfully directed to terminate docket numbers 42 and 51. (Signed by Judge Edgardo Ramos on 11/30/2020) (mro)
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Filing
33
ORDER: denying 32 Letter Motion to Adjourn Conference. The Application is Denied. (Signed by Judge Edgardo Ramos on 2/27/2020) (ama)
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Filing
20
OPINION AND ORDER: For the reasons explained above, the motions to stay proceedings against both debtor and non-debtor defendants are DENIED without prejudice to a renewed application. The above captioned actions are STAYED as to Trece Corp., pending disposition of bankruptcy proceedings; the actions will proceed against all other defendants. The parties in both actions shall appear for an initial conference on May 22, 2019, at 10:00 a.m. It is SO ORDERED. (Initial Conference set for 5/22/2019 at 10:00 AM before Judge Edgardo Ramos.) (Signed by Judge Edgardo Ramos on 4/23/2019) (kv)
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