Mogollan v. La Abundancia Bakery & Restaurant Inc. et al
| Angel Mogollan |
| La Abundancia Bakery & Restaurant Inc., 63-12 La Abundancia Inc., 75-02 La Abundancia Bakery and Restaurant Corp., 81-16 La Abundancia Inc., 37-01 La Abundancia Inc., 88-26 La Abundancia Inc., Monica Ferrerosa and Ruben Rojas |
| 1:2018cv03202 |
| April 12, 2018 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| George B. Daniels |
| 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
323
ORDER: The Clerk of the Court is hereby ORDERED to close the above-captioned action. SO ORDERED. (Signed by Judge George B. Daniels on 9/7/2021) (kv)
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Filing
321
RULE 68 JUDGMENT: It is ORDERED, ADJUDGED, AND DECREED, that judgment is entered in favor of Plaintiffs ANGEL MOGOLLAN, ALBA MARIA MEJIA, HECTOR DE LA ROSA and NIDIA PERDOMO, in the sum of Four Hundred Twenty-Five Thousand Dollars ($425,000.00), in accordance with the terms and conditions of Defendants' Rule 68 Offer of Judgment dated August 5, 2021 and filed as Exhibit A to Docket Number 318. SO ORDERED. (Signed by Judge George B. Daniels on 8/11/2021) (rj)
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Filing
317
ORDER: A final pretrial conference is set for August 17, 2021 at 10:30 a.m., (Final Pretrial Conference set for 8/17/2021 at 10:30 AM before Judge George B. Daniels.) (Signed by Judge George B. Daniels on 6/9/2021) (nb)
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Filing
315
MEMORANDUM DECISION AND ORDER granting 224 Motion to Certify Class; denying 227 Motion for Summary Judgment; denying 242 Motion for Partial Summary Judgment. Plaintiff's motion for class certification (ECF NO. 224), is GRANTED. Plaintif f's motion for partial summary judgment, (ECF NO. 227), is DENIED. Defendants' motion for partial summary judgment and decertification, (ECF NO. 242), is DENIED. The Clerk of Court is directed to close the motions accordingly. (Signed by Judge George B. Daniels on 3/30/21) (yv)
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Filing
312
ORDER re: 311 Letter: The request for oral argument by Defendants on their objections to Magistrate Judge Stewart D. Aaron's Report and Recommendation, (ECF No. 311), is DENIED. (Signed by Judge George B. Daniels on 10/20/2020) (jwh)
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Filing
263
ORDER denying without prejudice 239 Letter Motion to Compel: Defendants' Letter Motion is DENIED WITHOUT PREJUDICE to renewal after disposition of Defendants' overlapping motion for sanctions. (ECF No. 252.) SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 8/1/2020) (Aaron, Stewart)
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Filing
216
ORDER granting in part 215 Letter Motion for Local Rule 37.2 Conference: Request GRANTED IN PART. By Order dated 6/29/2020 (ECF No. 241), the Court granted an extension until 7/3/2020 for Hector De La Rosa to provide discovery responses. Due to his failure to provide such responses, he is in violation of a court order. If Mr. De La Rosa fails to provide discovery responses by 7/10/2020 and/or fails to appear for a deposition by the 7/17/2020 deadline (see ECF No. 217), I will recommend that his claims be dismissed for failure to prosecute. No later than 7/20/2020, the parties shall advise the Court whether Mr. De La Rosa has complied and/or appeared, so that the Court may make a Report and Recommendation as to Mr. De La Rosa, and also as to Claudia Vasquez Ibarra, who still appears on the ECF docket as a Plaintiff with pending claims. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 7/6/2020) (Aaron, Stewart)
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Filing
207
ORDER withdrawing 171 Motion to Certify Class; withdrawing 175 Motion for Summary Judgment. Following a telephone conference with the parties on June 12, 2020, the Court hereby orders as follows: As discussed during the teleconference, t he motion to certify class (ECF No. 171) and the motion for summary judgment (ECF No. 175) are deemed withdrawn. No later than July 17, 2020: Plaintiffs shall file a renewed motion for summary judgment and a renewed motion to certify class. No later than July 24, 2020, the parties shall respond to any cross motion for sanctions. No later than August 17, 2020, Defendants shall respond to Plaintiffs' motion for summary judgment and Plaintiff's motion to certify class. No later than August 31, 2020, any reply papers with respect to summary judgment or class certification shall be filed. As further set forth in this Order. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 6/12/2020) (ks) (Main Document 207 replaced on 6/12/2020) (kl).
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Filing
205
ORDER: The parties shall appear via telephone for a conference in the above- captioned matter on Friday, June 12, 2020, at 12:30 p.m. During the conference, the parties should be prepared to discuss their letters filed at ECF Nos. 203 and 204. A t the scheduled time, the parties shall each separately call (888) 278-0296 (or (214) 765-0479) and enter access code 6489745. So Ordered. (Telephone Conference set for 6/12/2020 at 12:30 PM before Magistrate Judge Stewart D. Aaron.) (Signed by Magistrate Judge Stewart D. Aaron on 6/5/2020) (js)
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Filing
198
ORDER granting in part and denying in part 195 Letter Motion for Discovery. The depositions of Nidia Perdomo, Alba Maria Mejia and Hector de la Rosa shall take place on Friday, May 29, 2020 commencing at 10:30 a.m. by remote means, whereby Defend ants' counsel can clearly see all deponents, and shall continue until completed. Furthermore, all depositions in this action may be taken via videoconference or other remote means and a deposition will be deemed to have taken place before an off icer appointed or designated under Rule 28 (see Fed. R. Civ. P. 30(b)(5)(A)) if such officer attends the deposition using the same remote means used to connect other participants, so long as all participants (including the officer) can clearly hear and be heard by all other participants. Finally, I will recommend that the the claims of opt-in Plaintiff Claudia Vasquez Ibarra be deemed withdrawn unless she appears for a deposition prior to June 1, 2020 or unless she makes an application showing good cause for failure to appear, no later than June 8, 2020. SO ORDERED.. (Signed by Magistrate Judge Stewart D. Aaron on 5/26/2020)
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Filing
149
OPINION AND ORDER re: 129 SECOND MOTION to Reopen re: 79 Memorandum & Opinion, filed by Hector De La Rosa Villares, Alba Maria Mejia, Nidia Perdomo, Angel Mogollan, 114 LETTER MOTION to Compel Defendants to Produce Documentary Class Discovery For All La Abundancia Restaurant Locations addressed to Magistrate Judge Stewart D. Aaron from Taimur Alamgir dated September 10, 2019. filed by Alba Maria Mejia, Angel Mogollan. For the foregoing reasons, Plaintiffs' renewed motion for conditional certification is GRANTED. The Court conditionally certifies a class of all non-exempt employees (including, but not limited to, cooks, food preparers, dishwashers, porters, bussers, food runners, d elivery persons, counterpersons, helpers and wait staff) employed by each of the La Abundancia locations on or after April 12, 2012. The parties shall meet and confer as to the form of notice to be distributed and shall refer any disputes between the parties regarding the notice to the Court. The form of notice and any disputes relating thereto shall be submitted within seven days of the date of this Opinion and Order. In addition, Plaintiffs' renewed Letter Motion for class disco very is GRANTED. Defendants shall produce to Plaintiffs within 30 days the following documents for all non-exempt employees of Defendants after April 12, 2012, across all of Defendants La Abundancia locations: payroll records, time records, wage-a nd-hour notices, wage statements, tip credit notices and tip records. Finally, within seven days of the date of this Opinion and Order, the parties shall jointly submit a proposed schedule for the completion of fact discovery. (Signed by Magistrate Judge Stewart D. Aaron on 11/4/2019) (mro)
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Filing
79
OPINION AND ORDER re: 50 MOTION to Certify Class Pursuant to 29 U.S.C. § 216(b), filed by Angel Mogollan. For the foregoing reasons, Plaintiff's motion for conditional certification is GRANTED IN PART. The Court condi tionally certifies a class of all non-exempt employees (including, but not limited to, cooks, food preparers, dishwashers, porters, bussers, food runners, counterpersons, cashiers and waiters) employed by 75-02 La Abundancia Bakery and Restaurant Corp. on or after April 12, 2012. The parties shall meet and confer as to the form of notice to be distributed and to refer any disputes between the parties regarding the notice to the Court. The form of notice or any disputes relating thereto shall be submitted within seven days of the date of this Opinion and Order. (Signed by Magistrate Judge Stewart D. Aaron on 4/8/2019) (kl)
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