Argudo et al v. Parea Group LLC, et al
| Henry Argudo, Diego Sanay, Luis Gonzalez, Jaime Rivera, Victor Rivera, Marco Morales and Miljan Zecevic |
| Parea Group LLC,, IMNY GS LLC, GFB Restaurant Corp., Wonderful Restaurant LLC, Brian Galligan and Gerald Katzoff |
| 1:2018cv00678 |
| January 25, 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 |
Follow case documents by RSS
Available Case Documents
The following documents for this case are available for you to view or download:
| Document Text |
|---|
Filing
274
ORDER granting 273 Letter Motion to Stay re: 273 LETTER MOTION to Stay (temporarily) paragraph 17 of the Final Order and Judgment addressed to Judge Jesse M. Furman from Josef Nussbaum dated April 14, 2021. Application GRANTED. The escalation is STAYED until May 20, 2021. The Clerk of Court is directed to terminate ECF No. 273. SO ORDERED.. (Signed by Judge Jesse M. Furman on 4/15/2021) (ks)
|
|
Filing
270
FINAL ORDER AND JUDGMENT. The Court grants final approval of the settlement, including the releases and other terms, as fair, reasonable and adequate as to the Settling Defendants, the Claimants, and the Class Members (collectively, the "Settli ng Parties"). The Settling Parties are directed to perform in accordance with the terms set forth in the Agreement. The action is dismissed on the merits and with prejudice with respect to the Settling Defendants, permanently barring the Plai ntiffs and all other Authorized Claimants and Class Members from filing, commencing, prosecuting, or pursuing the claims released by the Agreement whether or not on a class or collective action basis, or participating in any class or collective ac tion involving such claims. The amount payable to individual Claimants totals $1,072,733.08. Class Counsel's request for attorneys' fees and litigation costs and expenses in this action is approved. Accordingly, Class Counsel are her eby awarded $830,302 for attorneys' fees, and $9,091.86 for reimbursement of litigation costs and expenses, which the Court finds were reasonably incurred in prosecution of this case. The service awards of $10,000 each for the Named Plaintiffs, as set forth in Section 3.3 of the Agreement, are approved to reimburse them for their unique services in initiating and maintaining this litigation. The Court awards the Claims Administrator $39,186.50 for its reasonable co sts expended in administering the Settlement. Accordingly, in accordance with the terms of Section 3.1(A) of the Agreement, Judgment is entered against the Settling Defendants, jointly and severally, in the following amounts ("Judgment Amounts ") as further set forth in this Judgment. The entire Lawsuit is dismissed with prejudice and without costs to any party. All Class Members are barred and permanently enjoined from participating in any other individual or class lawsuit against the releasees concerning the released claims. Pursuant to Fed. R. Civ. P. 62(a), this Judgment shall not be stayed for 30 days and shall be effective immediately upon entry and the Class is authorized seek immediate enforcement of the Judgment. The Court awards post-judgment interest at the rate set forth in 28 U.S.C. § 1961 against the Settling Defendants with the exception of Il Mulino USA LLC which is subject to an automatic stay in bankruptcy from the date this Judgment is enter ed until the Settling Defendants comply with the Judgment. In addition to the Judgment Amounts set forth above, the Court Ordered Defendants to pay $62,000 as a discovery sanction (which has already been paid), see ECF No. 130. These sums sha ll be distributed to Class Counsel and Claimants on a pro rata basis. For the avoidance of doubt, Class Counsel shall recover one-third of this sum and the remaining two-thirds of the sum shall be paid to each Claimant on a pro rata basis based on the percentage of Net Settlement Fund that each of them is entitled to. Without affecting the finality of this Final Order and Judgment, the Court reserves continuing and exclusive jurisdiction over parties to the Settlement Agreement to adminis ter, supervise, construe, and enforce the Settlement Agreement in accordance with its terms for the mutual benefit of the parties. Defendant Parea Group LLC is not a party to the Settlement Agreement and proceedings against it have been automati cally stayed by reason of Section 362 of the Bankruptcy Code. ECF No. 77. In light of the resolution of all other claims and the stay, the Clerk of Court is directed to administratively close this case subject to the right of either Plaintiffs o r Parea Group LLC to reopen within 21 days of the conclusion of bankruptcy proceedings, or the lifting or modification of the automatic stay as applied to this action. The Clerk of Court is also directed to terminate ECF Nos. 262 and 264. T IS SO ORDERED. (Signed by Judge Jesse M. Furman on 1/29/21) (yv)
|
|
Filing
268
ORDER, In light of (1) bankruptcy counsel's representation that it will appear on behalf of Defendant Il Mulino USA at the fairness hearing, ECF No. 259; (2) the absence of any objection to Goodwin Procter LLP's representation of Defenda nt Wonderful Restaurant LLC; and (3) Goodwin Procter's notice of appearance on Wonderful Restaurant's behalf, ECF No. 261, Ellenoff Grossman & Schole LLPs ("EGS") motion to withdraw from representing Defendants Wonderful Restau rant, LLC and Il Mulino USA is GRANTED. (EGS's motion to withdraw waspreviously granted with respect to Defendants Pasta Perfect, LLC, IM 60 Street LLC, and BrianGalligan. ECF Nos. 253, 258.)SO ORDERED. ( Attorney Nicole M. Vescova; Ilan Weiser; Amanda M. Fugazy and Paul Patrick Rooney terminated.) (Signed by Judge Jesse M. Furman on 1/21/21) (yv)
|
|
Filing
258
ORDER, In light of the appearance of Bartholow & Miller LLP on behalf of Defendant Brian Galligan and Galligan's consent to the withdrawal of Ellenoff Grossman & Schole LLP ("EGS") as counsel to him, ECF No. 254, EGS's motion t o withdraw is GRANTED as to Brian Galligan. EGS's motion remains pending as to Wonderful Restaurant LLC and Il Mulino USA. No later than tomorrow, January 21, 2021, bankruptcy counsel for Il Mulino USA shall file a letter indicating whether i t is appearing (or is willing to appear) on behalf of Il Mulino USA at the fairness hearing if the Court grants EGS's withdrawal as to Il Mulino USA. Any objection to Goodwin Procter's appearance on behalf of Wonderful Restaurant LLC sha ll be no later than tomorrow, January 21, 2021. Absent an objection, the Court will substitute Goodwin Procter as counsel for Wonderful Restaurant LLC and grant EGS's motion to withdraw as to Wonderful Restaurant LLC. In light of these develop ments, EGS is granted an extension until January 22, 2021 (and, indeed, should wait until that date) to file its reply in support of its motion to withdraw. In the event that either or both Wonderful Restaurant LLC and Il Mulino USA do not have new counsel by that time, EGS shall address whether its motion should be denied with respect to them on that basis. SO ORDERED. ( Attorney Ilan Weiser; Paul Patrick Rooney and Nicole M. Vescova terminated.) (Signed by Judge Jesse M. Furman on 1/20/21) (yv)
|
|
Filing
253
ORDER, In light of the appearance of Goodwin Procter LLP ("Goodwin") on behalf of Defendants Pasta Perfect LLC and IM 60 Street LLC and its consent to the withdrawal of Ellenoff Grossman & Schole LLP ("EGS") as counsel to those D efendants, ECF Nos. 250, 251, EGS's motion to withdraw is GRANTED as to Pasta Perfect LLC and IM 60 Street LLC. EGS's motion remains pending as to Wonderful Restaurant LLC, Brian Galligan, and Il Mulino USA. The Court will take no other act ion in connection with Goodwin's letter at this time insofar as the letter does not seek any relief. The Clerk of Court is directed to substitute Goodwin as counsel for Defendants Pasta Perfect LLC and IM 60 Street LLC. But because EGS's mo tion remains pending as to the other Defendants, the Clerk of Court should not terminate ECF No. 243 at this time. SO ORDERED. (Attorney Jordan David Weiss for IM 60 Street LLC,Jordan David Weiss for Pasta Perfect LLC added. Attorney Nicole M. Vescova; Ilan Weiser; Amanda M. Fugazy and Paul Patrick Rooney terminated.) (Signed by Judge Jesse M. Furman on 1/15/21) (yv)
|
|
Filing
249
ORDER denying as moot 237 Letter Motion to Compel. In light of its withdrawal, Plaintiffs' motion for contempt sanctions is DENIED as moot. The Clerk of Court is directed to terminate ECF No. 237. SO ORDERED. (Signed by Judge Jesse M. Furman on 1/13/21) (yv)
|
|
Filing
247
ORDER, On January 11, 2021, Ellenoff Grossman & Schole LLP ("EGS") moved to withdraw from representing Defendants Pasta Perfect, LLC, IM 60 Street LLC, Wonderful Restaurant, LLC and Brian Galligan (collectively, the "BSP Defendants"), as well as Il Mulino USA, LLC ("Il Mulino USA"). ECF No. 243. Any opposition to EGS's motion shall be filed no later than January 19, 2021. Any reply shall be filed no later than January 21, 2021. The fairness hearing remain s scheduled for January 28, 2021 at 3:00 p.m. Defendants are reminded that a limited liability company may appear in federal court only through licensed counsel. See Lattanzio v. COMTA, 481 F.3d 137, 140 (2d Cir. 2007). Defendants are also cautione d that it is in their interest to resolve their representation promptly, even before a decision on the motion, as the uncertainty regarding Defendants' representation is not likely to result in an adjournment of the fairness hearing given that Defendants have been on notice of the issue and the hearing date for several weeks. SO ORDERED. Set Deadlines/Hearing as to 243 MOTION for Amanda M. Fugazy to Withdraw as Attorney for Pasta Perfect, LLC, IM 60 Street, Wonderful Restaurant, LLC, Brian Galligan and Il Mulino USA. :( Responses due by 1/19/2021, Replies due by 1/21/2021.) (Signed by Judge Jesse M. Furman on 1/12/21) (yv)
|
|
Filing
223
ORDER. In light of Defendant Il Mulino USA, LLCs notice of bankruptcy filing, ECF No. 222, this case is automatically stayed with respect to Defendant Il Mulino USA, LLC. Previously, this case was automatically stayed with respect to Defendant Par ea Group, LLC. See ECF No. 77. No later than August 26, 2020, the parties shall confer and file a joint letter describing what effect, if any, these stays have on this case and the pending settlement. SO ORDERED. (Signed by Judge Jesse M. Furman on 8/12/20) (yv)
|
|
Filing
208
ORDER: As discussed on the record during today's conference, the deadline for document discovery is extended to June 1, 2020, and the deadline for all other fact discovery, including depositions, is extended to July 1, 2020. In addition, the dea dline for Plaintiffs to move for summary judgment is extended to July 17, 2020. No further extensions will be granted. During the conference, the Court addressed several of the issues raised in the parties' letters at ECF Nos. 204 to 206. The Co urt will defer entering an Order reflecting its rulings and determinations until next week to allow the parties to confer in an effort to tie up loose ends, if not resolve the matter in a different manner. No later than May 26, 2020, the parties shal l meet and confer in good faith and, by the same date, the parties shall submit a status letter updating the Court about the progress of their discussions. If the parties have reached any agreements orstipulations on these issues, they should note them in their letter. SO ORDERED., ( Deposition due by 7/1/2020., Discovery due by 6/1/2020., Fact Discovery due by 7/1/2020., Motions due by 7/17/2020.) (Signed by Judge Jesse M. Furman on 5/18/2020) (ama)
|
|
Filing
200
ORDER: As discussed on the record during todays conference, the close of fact discovery is extended to May 15, 2020. By the same date, Plaintiffs shall file any motion for summary judgment. Defendants (other than Parea Group LLC, with respect to whic h this action is stayed, see ECF No. 77) shall file any opposition no later than June 12, 2020, and Plaintiffs shall fileany reply no later than June 26, 2020. SO ORDERED., ( Fact Discovery due by 5/15/2020., Motions due by 5/15/2020., Responses due by 6/12/2020, Replies due by 6/26/2020.) (Signed by Judge Jesse M. Furman on 3/09/2020) (ama)
|
|
Filing
189
ORDER granting 188 Letter Motion to Adjourn Conference. The conference scheduled for February 27, 2020, is RESCHEDULED to March 9, 2020, at 3:00 p.m. Unless and until the Court orders otherwise, the deadline for discovery remains March 30, 2020, and the parties should proceed accordingly. The Clerk of Court is directed to terminate ECF No. 188. SO ORDERED. (Status Conference set for 3/9/2020 at 03:00 PM before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 2/24/20) (yv)
|
|
Filing
143
ORDER: It is further ORDERED that the parties shall appear for a conference on January 6, 2020, at 3 p.m. Unless the Court directs otherwise, the conference will be held in Courtroom 1105 of the Thurgood Marshall United States Courthouse, 40 Cent re Street, New York, NY (i.e., the Courts usual courtroom). ( Status Conference set for 1/6/2020 at 03:00 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 12/10/2019) (va)
|
|
Filing
139
ORDER: It is hereby ORDERED that no later than December 3, 2019, the parties shall file a joint letter on ECF providing a status update to the Court and what, if any, further actions the Court should take in connection with this case. (Signed by Judge Jesse M. Furman on 11/26/2019) (jwh)
|
|
Filing
120
OPINION AND ORDER re: 93 FIRST MOTION to Dismiss Complaint as to Katzoff. filed by Gerald Katzoff, 98 MOTION to Certify Class . filed by Henry Argudo, Diego Sanay. Plaintiffs' motion for class certification pursu ant to Rule 23 and conditional certification of a collective action under the FLSA is GRANTED, and Joseph & Kirschenbaum LLP is appointed as class counsel. Additionally, Katzoff's motion for summary judgment is DENIED. Within one week of the d ate of this Opinion and Order, Defendants shall produce to Plaintiffs a list, in Microsoft Excel format, of all persons employed by Defendants as captains, waiters, bussers, runners, bartenders, and barbacks, from January 26, 2012, to the present, including the employee's name, last known address, alternate address(es) (if any), all known telephone numbers, all known e-mail addresses, social security numbers, dates of employment, and job titles. By the same date, the parties shall confe r and submit an agreed-upon proposed order (or competing proposed orders), consistent with this Opinion and Order, regarding the procedures to be used in connection with the mailing of the Notice and Consent to Join forms. And finally, by the same date, the parties shall submit a joint letter setting forth their views on the need for discovery following the conclusion of the opt-in and opt-out period and whether the Court should hold a conference to discuss those issues or anything else. The Clerk of Court is directed to terminate ECF Nos. 93 and 98. SO ORDERED. (Signed by Judge Jesse M. Furman on 9/24/19) (yv)
|
|
Filing
53
MEMORANDUM OPINION AND ORDER re: 35 MOTION to Dismiss Complaint in its Entirety as to Parea Group LLC d/b/a Trattoria Il Mulino, filed by Parea Group LLC. Parea's motion to dismiss is DENIED (without prejudice to renewal of its legal arguments at the summary judgment stage). In light of that ruling, the stay of discovery with respect to Parea is hereby lifted. All dates and deadlines set forth in the Case Management Plan and Scheduling Order (Docket No. 44) remain in effect. The Clerk of Court is directed to terminate Docket No. 35. (Signed by Judge Jesse M. Furman on 5/25/2018) (ras)
|
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
