Calle Jara v. Manna 2nd Ave LLC et al
| Clay Calle Jara |
| Manna 2nd Ave LLC, Manna Madison Avenue LLC, West D & P LLC, Manna Lexington Avenue LLC, Mamexicana LLC, Paola Pedrignani and Igor Segota |
| 1:2018cv02871 |
| March 30, 2018 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Queens |
| 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
195
JUDGMENT: NOW, THEREFORE, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that Judgment is hereby entered in favor of Plaintiff CLAY CALLE JARA and against Defendants MANNA 2ND AVE LLC (D/B/A GINA LA FORNARINA), MANNA MADISON AVENUE LLC (D/B/A GINA LA FORNARINA), WEST D & P LLC (D/B/A GINA), MANNA LEXINGTON AVENUE LLC (D/B/A GINA LA FORNARINA), MAMEXICANA LLC (D/B/A GINA MEXICANA), and PAOLA PEDRIGNANI, jointly and severally, in the sum of Four Thousand Dollars and Zero Cents ($4,000.00) and that Plaintiff shall have execution thereof. (Signed by Magistrate Judge Ona T. Wang on 7/25/2023) (rro)
|
|
Filing
187
ORDER OF DISMISSAL: Based on the settlement agreement reached by the parties and transcribed by the court reporter on September 20, 2021, IT IS HEREBY ORDERED THAT this action is dismissed with prejudice and without costs except as stated in the s ettlement agreement on the record. The Court retains jurisdiction pursuant to the terms of the settlement agreement. Any pending motions are terminated as moot and all conferences and the jury trial scheduled to begin on September 22, 2021, are c ancelled. For the reasons stated on the record, the Court finds the settlement to be fair and reasonable under Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2nd Cir. 2015). The parties are directed to order the transcripts of the September 20, 2021 conferences and share the cost. The Court thanks counsel and the parties for their hard work to resolve the matter. The Clerk is directed to close the docket in this matter. SO ORDERED. (Signed by Magistrate Judge Ona T. Wang on 9/21/2021) (rro)
|
|
Filing
175
ORDER. The Court will hold a pretrial conference on September 20, 2021 at 10:30 a.m. in Courtroom 20D of 500 Pearl Street. Immediately following the conference, the parties will meet with the Courts Courtroom Technology department in Courtroom 26B ( where the trial will occur). Technology-related questions should be directed to the department. See https://www.nysd.uscourts.gov/court-tech. All requests to bring electronic devices into the Courthouse shall be made to Chambers via email, no later t han September 16, 2021, using the Electronic Devices General Purpose form found on the Courts website. See https://nysd.uscourts.gov/forms/fillable-form-electronic-devices-general-purpose. Pursuant to the instructions given at the September 8, 2021 c onference: By September 15, 2021, Defendants shall file their response to Plaintiffs motions in limine (ECF 168-174). The response shall update the Court on meet and confer discussions with Plaintiffs regarding the disputes and the possibility of Mr. Bello testifying through deposition designation in lieu of live testimony. By September 17, 2021, the parties shall file revised proposed jury instructions. By September 17, 2021, the parties shall meet and confer regarding the proposed exhibit list and attempt to resolve all objections thereto. To the extent any objections remain, the parties shall file letter briefs by September 17, 2021. By the same date, the parties shall also deliver to the Court three courtesy copies of the exhibit binder , which shall include: (1) all proposed exhibits, including signed stipulation(s) of facts (see ECF 150-1 at 5-7) and (2) letter briefs addressing any outstanding objections thereto. The parties shall order and review the transcript of the September 8, 2021 conference before September 15, 2021. The parties must comply with all instructions made on the record at the September 8th conference, even if not explicitly referenced in this Order. (HEREBY ORDERED by Magistrate Judge Ona T. Wang) (Text Only Order) (rlf)
|
|
Filing
154
ORDER. By close of business on August 19, 2021, the parties shall each submit a letter detailing their position whether the good faith defense to an award of liquidated damages under the Fair Labor Standards Act and New York Labor Laws is a question of fact for the jury to determine in this case. Counsel shall limit their letters to three single-spaced pages and support their positions with applicable caselaw. If the parties consent to the Court deciding the issue of good faith, the parties may instead file a joint letter. By August 20, 2021, the parties shall file a joint letter (1) identifying and setting forth their respective positions regarding any remaining disputes related to the proposed jury instructions and (2) addressing whether any of the following proposed jury instructions remain necessary in light of the parties stipulation to overtime damages, spread of hours damages, and damages for violations of the New York Annual Wage Notice Law and New York Wage Statement Law, if t he jury determines that Plaintiff was not an exempt executive (ECF 150-1 at 6-7): (a) Instruction 85-10 Failure To Keep Records; (b) Instruction 85-33 Willfulness; (c) Instruction 77-3 Compensatory Damages; (d) Plaintiffs Claim Overtime; (e) Instruc tion 85-10 Failure To Keep Records; (f) Plaintiffs Claim - Spread of Hours; (g) Willfulness Under State Law; (h) New York Labor Law Violation Of Wage Notice Provision; (i) New York Labor Law Violation Of Wage Statement Provision. The parties silenc e on this issue may be treated as a waiver of any objection to the elimination of any such instructions. The Court will hold a telephonic Pretrial Conference on Wednesday, September 8, 2021 at 1:30 p.m. The Dial in information is (866) 390-1828, access code 1582687. Any additional trial counsel for Plaintiff must file a Notice of Appearance by September 10, 2021. (Signed by Magistrate Judge Ona T. Wang on August 17, 2021) (rlf)
|
|
Filing
145
ORDER: By separate Order, the Court (1) informed the parties that trial is scheduled to begin on September 22, 2021; (2) directed the parties to appear for an in-person pretrial conference on July 21, 2021 at 11:00 am at the Daniel Patrick Moynih an Courthouse, 500 Pearl St., Courtroom 20D; and (3) directed the parties to file a proposed joint agenda by July 16, 2021. (ECF 144). IN ADVANCE OF SUBMITTING THEIR JOINT AGENDA ON JULY 16, 2021, the parties are directed to review the transcripts from previous conferences (ECF 114, 126, 130) and meet and confer regarding revisions to the proposed verdict sheet, jury instructions, exhibit list, and any other trial materials, particularly in light of the facts stipulated to by the parties (ECF 129, 136). The parties shall discuss any outstanding issues and logistics to be resolved before trial. SO ORDERED. (Signed by Magistrate Judge Ona T. Wang on 6/30/2021) (rro)
|
|
Filing
144
ORDER: Trial in this matter is scheduled to begin on September 22, 2021. The parties are directed to appear for an in-person pretrial conference on July 21, 2021 at 11:00 am at the Daniel Patrick Moynihan Courthouse, 500 Pearl Street, Courtroom 2 0D. The parties shall file a proposed joint agenda for the conference by July 16, 2021. (Pretrial Conference set for 7/21/2021 at 11:00 AM in Courtroom 20D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Ona T. Wang.) (Signed by Magistrate Judge Ona T. Wang on 6/25/2021) (rro)
|
|
Filing
135
ORDER denying 134 Letter Motion for Extension of Time to File. Application DENIED. Plaintiff shall file his supplemental memorandum of law by May 28, 2021. Defendants' responsive brief is due June 18, 2021. The parties' three "bad dates" for trial and updated proposed JPTO with revised stipulated facts are due today, April 30, 2021 pursuant to ECF 133 and the instructions given at the April 21, 2021 conference.. (Signed by Magistrate Judge Ona T. Wang on 4/30/2021) (rro)
|
|
Filing
133
ORDER: Pursuant to the instructions given at the April 21, 2021 conference, by April 30, 2021: The parties shall inform the Court of their bad dates for trial in the 3rd quarter of 2021. Each side may submit three bad dates. The parties sh all file an updated proposed JPTO with revised stipulated facts. Plaintiff shall file his supplemental pre-trial memorandum of law. Defendant's responsive brief is due May 21, 2021. (ECF 123, 126 at 21-22)., (Brief due by 5/21/2021.) (Signed by Magistrate Judge Ona T. Wang on 4/22/2021) (nb)
|
|
Filing
122
ORDER granting 121 Letter Motion for Extension of Time to File. Defendants' request for an extension to file an updated witness list is GRANTED. The parties shall still appear for the previously-scheduled pretrial conference on March 17, 2 021 at 3:30 pm. At the conference, the parties should be prepared to discuss the work still necessary for the case to be trial ready. The parties are directed to order a copy of the March 4, 2020 conference transcript and share the cost. (Signed by Magistrate Judge Ona T. Wang on 3/10/2021) (nb)
|
|
Filing
120
ORDER: The Court will hold a pretrial conference in this matter on Wednesday, March 17, 2021 at 2:30 pm. The dial in information is (866) 390-1828, access code 1582687. By Wednesday, March 10, 2021, the parties must submit a joint updated and am ended version of the witness list and descriptions contained in the parties' proposed Joint Pretrial Order at Section VIII., (Telephone Conference set for 3/17/2021 at 02:30 PM before Magistrate Judge Ona T. Wang.) (Signed by Magistrate Judge Ona T. Wang on 3/1/2021) (nb)
|
|
Filing
118
ORDER: The parties are to submit a Joint Status Letter by February 12, 2021. (Signed by Magistrate Judge Ona T. Wang on 1/28/2021) (nb)
|
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.
