Perez et al v. West Side Pizza LLC et al
Plaintiff: Julian Martinez Perez and Sergio Solano Mendoza
Defendant: West Side Pizza LLC, Hassan Doe, Bali Doe and George Doe
Case Number: 1:2018cv05834
Filed: June 27, 2018
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: NewYork
Presiding Judge: John G. Koeltl
Nature of Suit: Fair Labor Standards Act
Cause of Action: 29 U.S.C. ยง 201
Jury Demanded By: Plaintiff

Available Case Documents

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Date Filed Document Text
August 16, 2023 Opinion or Order Filing 93 ORDER Accordingly, Plaintiffs' counsel are directed to review their damages calculations and submissions for Plaintiff Martinez and certify that they are correct as submitted. Plaintiffs' counsel are further directed to review their calcu lations for Plaintiff Mendoza, file corrected damages calculations for Plaintiff Mendoza, certify that those calculations are now correct, and review their calculations for fees and costs as well as submit corrected calculations of the same. Finall y, Plaintiffs' counsel shall further review the entirety of their briefing for any and all errors and certify that all facts and calculations as filed are now correct. See, e.g., Mr. Faillace's Proposed Findings of Fact (ECF 73). Plainti ffs' counsel shall file all corrected calculations and certifications by September 12, 2023. Plaintiffs' counsel are directed to serve a copy of this order on the Defaulting Defendants and file proof of service on the docket. SO ORDERED. (Signed by Magistrate Judge Ona T. Wang on 8/16/2023) (jca)
August 7, 2023 Opinion or Order Filing 92 ORDER for 91 Report and Recommendations. The Court adopts the well-reasoned Report and Recommendation. The plaintiffs are entitled to a default judgment against West Side Pizza LLC, West Side 72, Inc., and Akbar Hossain. Entry of a judgment wi ll await the conclusion of the inquest before the Magistrate Judge. Pursuant to the Report and Recommendation, the answer and amended answer of West Side Pizza LLC (ECF Nos. 19 and 23) are stricken, and the claims against defendants Bali Doe and George Doe are dismissed. (And as further set forth herein.) SO ORDERED. Bali Doe and George Doe terminated. (Signed by Judge John G. Koeltl on 8/7/2023) (jca)
July 17, 2023 Opinion or Order Filing 90 ORDER: The Court's Report & Recommendation at ECF 89 was entered in error. The Court regrets the error and respectfully directs the Clerk of Court to strike ECF 89. (Signed by Magistrate Judge Ona T. Wang on 7/17/2023) (rro)
December 3, 2020 Opinion or Order Filing 72 ORDER: This matter has been referred to me for Inquest if a default judgment is granted. (ECF 69). By December 18, 2021, Plaintiff shall serve on Defendant and file an inquest memorandum setting forth proof of damages. Plaintiff shall also serve a copy of this Order on Defendant by December 18, 2021. Plaintiff's proposed findings of fact and law should specifically tie the proposed damages figure to the legal claim(s) on which liability has been established. Further, Plaintiff's prop osed damages figures should be supported by documentary evidence and/or one or more affidavits by an individual with personal knowledge establishing the proposed figures. See RGI Brands LLC v. Cognac Brisset-Aurige, S.A.R.L., No. 12-CV-1369 (LGS) (A JP), 2013 WL 1668206, at *6 (S.D.N.Y. Apr. 18, 2013) (noting burden on plaintiff to establish damages amount with reasonable certainty). Plaintiff must also include documentation, including contemporaneous time records, supporting any requested att orney's fees and costs. Defendant's opposition papers shall be filed by January 15, 2021. The Court hereby notifies the parties that it may conduct this inquest solely on the written submissions of the parties. See Action S.A. v. Marc Rich & Co., Inc., 951 F.2d 504, 508 (2d Cir. 1991). If any party seeks an evidentiary hearing on damages, such party must include the request in its papers, as well as provide reasons why a hearing is necessary and detail what types of additional evidence would be presented at the hearing. (Responses due by 1/15/2021) (Signed by Magistrate Judge Ona T. Wang on 12/3/2020) (nb)
August 13, 2020 Opinion or Order Filing 69 ORDER. This case is referred to Magistrate Judge Wang for a Report and Recommendation with respect to the request for a default judgment and an inquest on damages if default is granted. SO ORDERED. (Signed by Judge John G. Koeltl on 8/13/20) (yv)
January 30, 2020 Opinion or Order Filing 54 ORDER granting 50 Letter Motion to Adjourn Conference; granting 50 Letter Motion for Leave to File Document. The February 3, 2020 Conference is cancelled. Counsel shall file Default papers, pursuant to this Court's rules, by February 17, 2020. SO ORDERED. (Signed by Judge John G. Koeltl on 1/29/2020) (ks)
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Plaintiff: Julian Martinez Perez
Represented By: Shawn Raymond Clark
Represented By: Michael Antonio Faillace
Represented By: Shawn Raymond Clark
Represented By: Michael Antonio Faillace
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Plaintiff: Sergio Solano Mendoza
Represented By: Shawn Raymond Clark
Represented By: Michael Antonio Faillace
Represented By: Shawn Raymond Clark
Represented By: Michael Antonio Faillace
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Defendant: West Side Pizza LLC
Represented By: Michael A. Miranda
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Defendant: Hassan Doe
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Defendant: Bali Doe
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Defendant: George Doe
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