Ametepe et al v. Peak Time Parking, Corp. et al
| James Ametepe and Pedro Sabala |
| Peak Time Parking, Corp., FIH Enterprise Inc., Sam Dar Enterprises Inc., Zafar Majeed, Fayyaz Khan, Naveed Anjum and Mustafa Ali Khandwalla |
| 1:2018cv05384 |
| June 14, 2018 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Bronx |
| Paul A. Engelmayer |
| 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
153
STIPULATED ORDER OF DISMISSAL with prejudice. (Signed by Magistrate Judge Stewart D. Aaron on 11/11/2021) (Aaron, Stewart)
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Filing
146
ORDER: Pursuant to the parties' October 25, 2021 letter, Dkt. 144, an in-person bench trial in this case is scheduled to begin at 9 a.m. on Wednesday, November 10, 2021, in courtroom 1305 of the Thurgood Marshall Courthouse. The Court wi ll not sit on Thursday November 11, 2021, as it is a federal holiday, but will resume sitting on Friday, November 12, 2021. (As further set forth herein.) SO ORDERED. ( Bench Trial set for 11/10/2021 at 09:00 AM in Courtroom 1305, 40 Centre Street, New York, NY 10007 before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 10/26/2021) (va)
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Filing
138
ORDER: Plaintiffs' response to defendants' letter is due October 20, 2021. The Court does not invite a reply. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 10/18/2021) (ks)
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Filing
136
ORDER denying as moot 123 Motion in Limine. For the reasons stated, above, the Court denies defendants' first and fourth motions in limine on the merits, and denies defendants' second and third motions in limine as moot in light of pl aintiffs' withdrawal of their FLSA claims, which are dismissed. Finally, by October 20, 2021, plaintiffs are required to file declarations supplementing their Rule 26 disclosures as to damages, as described herein SO ORDERED. (Signed by Judge Paul A. Engelmayer on 10/13/2021) (va)
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Filing
135
ORDER, The final pretrial conference will be held on October 22, 2021 at 10:00 a.m. The conference will be held in person, in Courtroom 1305 at the Thurgood Marshall U.S. Courthouse, 40 Centre Street, New York, New York 10007. The conference part icipants are directed to review the District's COVID-19 protocols for courthouse entry, which are available online at https://www.nysd.uscourts.gov/covid-19-coronavirus, to ensure that they will be able to gain entry to the courthouse for the conference. SO ORDERED. ( Final Pretrial Conference set for 10/22/2021 at 10:00 AM in Courtroom 1305, 40 Centre Street, New York, NY 10007 before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 10/6/21) (yv)
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Filing
134
ORDER: Due to a scheduling conflict that has arisen, the Court adjourns the final pretrial conference scheduled for today. The parties are directed to email chambers, by close of business, the soonest available date they are able to meet in person. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 10/5/2021) (va)
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Filing
131
ORDER, This case has been placed on the jury trial list for the week of November 8, 2021. The case must be trial-ready for that date. This case is a backup on the list for jury trials for that day. This means that the case will not proceed if a t rial scheduled ahead of this one goes forward. If the case cannot proceed on the scheduled date, the Court will seek another jury trial date for as soon as possible thereafter. As soon as the Court confirms that the matter will proceed on the week of November 8, 2021, it will inform the parties. In light of the November 8, 2021 trial date, the Court is adjourning the final pretrial conference that was to be held on August 31, 2021 until October 5, 2021 at 2:00 p.m. This conference will be held in-person, in Courtroom 1305 at the Thurgood Marshall U.S. Courthouse, 40 Centre Street, New York, New York 10007. SO ORDERED. ( Final Pretrial Conference set for 10/5/2021 at 02:00 PM in Courtroom 1305, 40 Centre Street, New York, NY 10007 before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 8/27/21) (yv)
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Filing
127
ORDER: The parties have indicated that they are not available to begin trial on September 7, 2021. Dkt. 126. Accordingly, the Court will submit this case for a jury trial in the fourth quarter of 2021. The parties are directed to file a joint le tter within two weeks of this order identifying any dates in October, November, and December on which necessary participants are unavailable for trial. The Court schedules a final pretrial conference for August 31, 2021 at 3 p.m. That conference w ill be held in-person, in Courtroom 1305 at the Thurgood Marshall U.S. Courthouse, 40 Centre Street, New York, New York 10007. The conference participants are directed to review the District's COVID-19 protocols for courthouse entry, which ar e available online athttps://www.nysd.uscourts.gov/covid-l9-coronavirus, to ensure that they will be able to gain entry to the courthouse for the conference. SO ORDERED. ( Final Pretrial Conference set for 8/31/2021 at 03:00 PM in Courtroom 1305, 40 Centre Street, New York, NY 10007 before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 6/17/2021) (va)
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Filing
122
ORDER: The Southern District of New York has reconfigured courtrooms and other spaces in its courthouses to allow civil jury trials to proceed as safely as possible during the COVID-19 pandemic. Under the centralized calendaring system currently in place, the Clerk's Office schedules up to three jury trials to begin on each day of jury selection: a primary case and up to two back-up cases that may proceed in its place if the primary case does not go forward. This case has been place d on the jury trial list for September 7, 2021. The case is third on the list for jury trials for that day. This means that the case will not proceed on September 7, 2021 if either of the other trials scheduled for that date goes forward. Within o ne week of this order, the parties are directed to submit a joint letter indicting whether all parties and witnesses are available to begin trial on September 7, 2021. If the case cannot proceed on the scheduled date, or if the parties are unable to begin trial on September 7, 2021, the Court will seek another jury trial date for as soon as possible thereafter. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 6/7/2021) (va)
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Filing
112
MEMO ENDORSED ORDER granting 110 Motion to Strike docket entry and document no. 109 filed by James Ametepe, Emmanuel Boadi, Pedro Sabala, 109 Notice (Other) filed by Sam Dar Enterprises Inc., Mustafa Ali Khandwalla, Fayyaz Khan, AD Parking Inc., FIH Enterprise Inc., Naveed Anjum, Zafar Majeed, Peak Time Parking, Corp. from the record. ENDORSEMENT: Granted. The Clerk of Court is respectfully directed to strike the document filed at docket 109. The Court encourages counsel to continue, with dispatch, to discuss a resolution to this case. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 5/17/2021) (va)
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Filing
101
OPINION & ORDER for 99 REPORT AND RECOMMENDATIONS re: 81 MOTION for Summary Judgment. For the foregoing reasons, the Court enters summary judgment for plaintiffs on these issues: that (1) Anjum was an "employer" of Ametepe and Sabal a; (2) Peak Time, Sam Dar, and Anjum were joint employers of Ametepe and Sabala; (3) Majeed was an "employer" of Boadi; and (4) Anjum failed to furnish wage statements to Ametepe and Sabala, in violation of NYLL § 195(3). The Court a lso adopts the Reports recommendations to deny defendants' motion for summary judgment in its entirety, and to deny plaintiffs' motion for summary judgment as to whether: (1) Khan was an employer of Ametepe; (2) Majeed joins Peak Time, S am Dar, and Anjum as joint employers of Ametepe and Sabala; (3) Peak Time, Sam Dar, FIH, and AD Parking were a single enterprise of parking garages; (4) defendants' good-faith defense should be dismissed; (5) defendants' defense that the y did not willfully violate these statutes should be dismissed; and (6) defendants failed to maintain accurate records as a matter of law. This case is now ready to proceed to trial on the outstanding claims. The Court directs the parties promptl y to confer, and, within three weeks of this decision, to submit a joint pretrial order fully complaint with the Court's Individual Rules. Motions in limine, if any, are due on the same date as the joint pretrial order; opposition briefs are due one week later. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 3/29/2021) (jca)
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Filing
76
ORDER granting 75 LETTER MOTION for Extension of Time to File cross-motions for summary judgment. Request GRANTED. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 2/25/2020) (jca)
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Filing
47
ORDER: granting 41 Motion to Amend/Correct. For the reasons set forth above, Plaintiffs' motion to amend is GRANTED. Plaintiffs shall file their Amended Complaint within seven (7) days of the date of this Order and shall serve AD Parking prom ptly thereafter. All fact discovery shall be completed no later than September 30, 2019. The parties shall submit a joint letter on the status of discovery on August 30, 2019. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 7/10/2019) (ama)
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