Xochimitl Oropeza et al v. John Doe Corp. et al
Plaintiff: Martin Xochimitl Oropeza
Defendant: John Doe Corp., Derek Pratt, Carmen Roman and Cirilo Roman
Case Number: 1:2018cv05747
Filed: June 25, 2018
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: Bronx
Presiding Judge: Edgardo Ramos
Nature of Suit: Fair Labor Standards Act
Cause of Action: 29 U.S.C. ยง 201
Jury Demanded By: Plaintiff

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Date Filed Document Text
July 30, 2020 Opinion or Order Filing 42 DEFAULT JUDGMENT: On June 25, 2018, this action was commenced by Plaintiffs' filing of the complaint. (Dkt. No. 1). The summons and complaint in this action having been duly served on defendants John Doe Corp. (d/b/a New Star Coffee Sh op and Deli), Derek Pratt, Carmen Roman and Cirilo Roman (a.k.a. Cirolo) and said Defendants having failed to plead or otherwise defend in this action, and said default having been duly noted, and upon the annexed declaration of default ju dgment, NOW, on motion of Plaintiff, by his attorneys Michael Faillace & Associates, P.C., it is hereby ORDERED, ADJUDGED AND DECREED: That the Plaintiffs have judgment against Defendants John Doe Corp. (d/b/a New Star Coffee Shop and Deli), Derek Pratt, Carmen Roman and Cirilo Roman (a.k.a. Cirolo), in the amount of $212,153.88, including compensatory damages and permissible liquidated damages and prejudgment interest, plus post judgment interest as provided in 28 U.S.C. § ; 1961(a). That the Plaintiffs are awarded attorneys' fees in the amount of $1,750.00. That if any amounts remain unpaid upon the expiration of ninety days following issuance of judgment, or ninety days after expiration of the time to appeal and no appeal is then pending, whichever is later, the total amount of judgement shall automatically increase by fifteen percent, as required by NYLL § 198(4). (Signed by Judge Edgardo Ramos on 7/30/2020) (Attachments: # 1 Appeal Package) (mro) Modified on 7/30/2020 (mro).
July 9, 2020 Opinion or Order Filing 41 ORDER. The Show Cause hearing scheduled for July 9, 2020 at 11:30 AM is hereby rescheduled to July 30, 2020 at 10:30 AM. The hearing will take place via teleconference. The parties are directed to call (877) 411-9748; access code: 3029857. SO ORDERED. (Show Cause Hearing set for 7/30/2020 at 10:30 AM before Judge Edgardo Ramos. Telephone Conference set for 7/30/2020 at 10:30 AM before Judge Edgardo Ramos.) (Signed by Judge Edgardo Ramos on 7/9/2020) (rjm)
April 6, 2020 Opinion or Order Filing 19 ORDER: On April 22, 2019, Plaintiff informed the Court that the intended to move for default. Doc. 18. No action has since been taken in this case. The parties are hereby ORDERED to file a status report by May 1, 2020. Failure to comply with this Order may result in sanctions, including dismissal for failure to prosecute. See Fed. R. Civ. P. 41. (Signed by Judge Edgardo Ramos on 4/6/2020) (mro)
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Plaintiff: Martin Xochimitl Oropeza
Represented By: Michael Antonio Faillace
Represented By: Colin James Mulholland
Represented By: Michael Antonio Faillace
Represented By: Colin James Mulholland
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Defendant: John Doe Corp.
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Defendant: Derek Pratt
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Defendant: Carmen Roman
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Defendant: Cirilo Roman
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