Campos et al v. BKUK 3 Corporation et al
| Abraham Campos, Eder Gordillo, Paulino Carpintero, Samuel Herrera and Yoni De Los Santos |
| BKUK 3 Corporation, BKUK 5 Corporation, BKUK 7 Corporation, BKUK 8 Corporation, 9th Ave. Lime Jungle, Inc., B & R Sorrento Corp., Pio Restaurant, LLC, Zucca Trattoria Inc., Besim Kukaj and BKUK 6 Corporation |
| 1:2018cv04036 |
| May 4, 2018 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| John G. Koeltl |
| Fair Labor Standards Act |
| 29 U.S.C. ยง 201 |
| Plaintiff |
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Filing
182
TURNOVER ORDER: NOW, THEREFORE, you are authorized and commanded to execute and enforce the judgment entered herein and satisfy same to the extent possible from the membership interest in Defendant-Judgment Debtor's wholly-owned entity, DIA Empire Group LLC; and it is hereby ORDERED, that Defendant-Judgment Debtor Besim Kukaj turn over to City New York City Marshal Stephen W. Biegel any documents evidencing his membership interest in Defendant-Judgment Debtor's wholly-owned en tity, DIA Empire Group LLC, for the benefit of Plaintiffs-Judgment Creditors, such that New York City Marshal Stephen W. Biegel may sell at public auction all such rights, title, and interest in DIA Empire Group LLC to (partially) satisfy the outstan ding judgment entered in favor of Plaintiffs-Judgment Creditors, in an amount up to the full Amount of the Judgment plus costs and interest. It is further ORDERED that Defendant-Judgment Debtor Besim Kukaj shall reasonably cooperate to change the sta te ownership records for DIA Empire Group LLC to reflect the transfer to the purchaser at Marshal Stephen W. Biegel's auction (the "Purchaser"). It is further ORDERED that Defendant-Judgment Debtor Besim Kukaj shall not interfere with the Purchaser's possession of the property and assets owned by DIA Empire Group LLC. Inter alia, Kukaj may not interfere with the use of real property owned by DIA Empire Group LLC or the collection of rents therefrom. SO ORDERED. (Signed by Judge John G. Koeltl on 2/23/2024) Filed In Associated Cases: 1:18-cv-04036-JGK-KHP, 1:18-cv-07507-JGK-KHP (ks)
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Filing
180
ORDER: The time for the defendants to respond to the plaintiffs' turnover motion was extended to February 2, 2024. See ECF No. 178. To date, no response has been filed. The plaintiffs' request that this Court grant the plaintiffs' turnover motion is well founded and unopposed. See ECF No. 179. The plaintiffs are directed to submit a proposed order by February 12, 2024. Any opposition is due five days thereafter. SO ORDERED. (Signed by Judge John G. Koeltl on 2/5/2024) Filed In Associated Cases: 1:18-cv-04036-JGK-KHP, 1:18-cv-07507-JGK-KHP (tg)
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Filing
178
ORDER: The time to respond to the turnover motion, ECF No. 171, was January 12, 2024, and the time to reply was January 19, 2024. ECF No. 177. To date, no response or reply has been filed. The time to respond is extended to February 2, 2024. The time to reply is extended to February 9, 2024. SO ORDERED. (Signed by Judge John G. Koeltl on 1/16/2024) ( Replies due by 2/9/2024., Responses due by 2/2/2024) (ks)
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Filing
174
ORDER: The Plaintiffs-Judgment Creditors should serve a copy of their motion for turnover, ECF No. 171, on defendant Besim Kukaj by sending a copy to his last-known address and to his last-known counsel in this case by December 1, 2023, and file pr oof of service by December 6, 2023. The time to respond is January 5, 2024. The time to reply is January 12, 2024. SO ORDERED. (Signed by Judge John G. Koeltl on 11/27/2023) ( Replies due by 1/12/2024., Responses due by 1/5/2024) Filed In Associated Cases: 1:18-cv-04036-JGK-KHP, 1:18-cv-07507-JGK-KHP (ks)
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Filing
169
DEFAULT JUDGMENT: It is hereby ORDERED, ADJUDGED AND DECREED that: 1. a default judgment be entered against Defendants BESIM KUKAJ, last known address 800 Park Ave., PH 6B Fort Lee, NJ 07024; SP REALTY INVESTMENTS LLC, last known address of 1401 44 th St., North Bergen, NJ 07047; and DIAMOND GLOBAL MANAGEMENT LLC, last known address 38 Brookside Loop, Staten Island, NY 10309, holding them jointly and severally liable for the fraudulent transfers of 36 Locke Drive in the Town of Pittsford, New Y ork (the "Subject Property"); 2. a money judgment be entered against Defendant SP REALTY INVESTMENTS LLC in the amount of $249,450; and 3. a judgment be entered against Defendant DIAMOND GLOBAL MANAGEMENT LLC allowing Plaintiff to levy execution on the Subject Property to the extent their money judgment against SP REALTY INVESTMENTS LLC remains unpaid 90 days from the date below; and It is further ORDERED, ADJUDGED AND DECREED that an award of $30,995 in attorneys' fees and $1,806.77 in expenses be entered jointly and severally against Defendants BESIM KUKAJ, SP REALTY INVESTMENTS LLC, and DIAMOND GLOBAL MANAGEMENT LLC. (Signed by Judge Denise L. Cote on 1/13/2023) (vfr)
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Filing
162
DEFAULT JUDGMENT: Therefore, for the reasons set forth in the Report & Recommendation, and Defendants having failed to file objections or responses to the filings discussed above, it is hereby: ORDERED default judgment is hereby entered against ALL DEFENDANTS, jointly and severally, under the FLSA and NYLL for unpaid wages, unpaid overtime, unpaid spread of hours, failure to provide wage notice and wage statements, and for failure to reimburse bounced check payments and resulting bank fees ; ORDERED that pursuant to this default judgment, Plaintiffs be awarded the following amounts, as set forth in more detail in the Damages Chart attached to the Report & Recommendation: C. Asitimbay $143,530.22 M. Asitimbay $23,586.73 Juli o E. Yunga $99,248.17 V. Yunga $99,211.17 D. Estrada Cortez $21,455.42 V. Gonzalez $56,762.29 M. Quizhpilema $16,608.42 F. Vega-Loyola $32,309.14 S. Calle $50,965.25 A. Campos $219,426.65 J. Campoverde $ 41,732.87 P. Carpintero $32,767.41 Y. De Los Santos $165,156.23 E. Gordillo $111,977.43 G. Hasangjekaj $72,718.51 S. Herrera $180,429.37 P. Katanolli $143,756.58 C. Supacela $265,753.38 N. Zhagnay $226,668.71 E . Macancela $83,808.39 B. Macancela $168,949.16; ORDERED that attorneys' fees are awarded in the amount of $92,861.67 and costs in the amount of $6,452.82 to Pelton Graham LLC for a total of $99,314.49, and attorneys& #039; fees in the amount of $77,440.00 and costs in the amount of $2,269.53 to The Howley Law Firm PC for a total of $79,709.53; and ORDERED that the claims of all Collective and Class Action Members who did not receive awards pursuan t to this Order & Judgement are dismissed without prejudice and any tolling off the status of limitations for the claims is ended on the date of this order. The Clerk is directed to close both cases: 18cv4036 and 18cv7507. SO ORDERED. (Signed by Judge John G. Koeltl on 12/3/2021) (ks)
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Filing
158
ORDER for 156 Report and Recommendations, 146 Motion for Default Judgment, filed by Paulino Carpintero, Yoni De Los Santos, Samuel Herrera, Abraham Campos, Eder Gordillo. The Court adopts the Report and Recommendation. The plaintiffs are directed to submit a proposed judgment within five days. The defendants may submit any response three days thereafter. SO ORDERED. (Signed by Judge John G. Koeltl on 8/30/21) (yv)
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Filing
154
ORDER granting 153 Letter Motion for Extension of Time to File. APPLICATION GRANTED. (Signed by Magistrate Judge Katharine H. Parker on 7/29/2021) (vfr)
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Filing
143
ORDER. These cases are referred to the Magistrate Judge for a Report and Recommendation on the Applications for Default Judgments, and if appropriate, the inquests on damages. SO ORDERED. (Signed by Judge John G. Koeltl on 8/20/2020) (rjm)
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Filing
140
ORDER TO SHOW CAUSE TO STRIKE ANSWER AND FOR DEFAULT JUDGMENT: It is hereby ORDERED that the defendants shall respond in writing to this Order to Show Cause for a default judgment by August 3, 2020. If the defendants fail to respond by that date, judgment may be entered against them and the defendants will have no trial. The plaintiff may reply by August 7, 2020. The plaintiff shall serve a copy of this Order to Show Cause by July 27, 2020 and shall file proof of service by July 31, 2020. No personal appearances are required in connection with this Order to Show Cause. It is further ORDERED that a copy of this Order, together with the Plaintiffs' supporting memorandum of law, affidavit and exhibits shall be served on the Besim Kukaj by overnight mail, one-day receipt requested at Defendant Kukaj's last known address. It is further ORDERED that one (1) copy of this Order, together with the Plaintiffs' supporting memorandum of law, affidavit and exhibits, shal l be served on the Corporate Defendants by overnight mail, one-day receipt requested at 803 9th Avenue, New York, New York 10019, the last known active address for the Corporate Defendants. It is further ORDERED that service of a copy of this Or der upon the Corporate Defendants be made via the New York Secretary of State at the most current address listed for the entities by the New York State Department of State, Division of Corporations and shall be deemed good and sufficient service thereof. ( Replies due by 8/7/2020., Show Cause Response due by 8/3/2020.) (Signed by Judge John G. Koeltl on 7/21/2020) (ks)
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Filing
133
ORDER: The plaintiffs in each case should electronically file proposed Certificates of Default and supporting declarations on ECF, so that the Clerk's Office may issue Certificates of Default on the ECF system. After the Clerk's Office issues Certificates of Default, the plaintiffs in each case should electronically file on ECF (1) a proposed Order to Show Cause; (2) an attorney's affidavit stating why a default judgment is appropriate; and (3) a proposed default judgment plus statement of damages. Proposed Orders to Show Cause should contain the following text: "The defendants shall respond in writing to this Order to Show Cause for a default judgment by ________. If the defendants fail to respond by that d ate, judgment may be entered against them and the defendants will have no trial. The plaintiff may reply by ________. The plaintiff shall serve a copy of this Order to Show Cause by ________ and shall file proof of service by ________. No personal appearances are required in connection with this Order to Show Cause." SO ORDERED. (Signed by Judge John G. Koeltl on 5/18/2020) (ks)
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Filing
130
ORDER: The parties should provide a status report and Rule 26(f) report by May 1, 2020. SO ORDERED. (Signed by Judge John G. Koeltl on 4/17/2020) (ks)
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