Gil et al v. Pizzarotti, LLC et al
| 1:2019cv03497 |
| March 16, 2020 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Labor: Fair Standards |
| 29 U.S.C. ยง 201 Fair Labor Standards Act |
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The following documents for this case are available for you to view or download:
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Filing
198
CLERK'S JUDGMENT re: 197 Order Adopting Report and Recommendations. in favor of Pizzarotti, LLC, Giacomo Di'Nola, Ignazio Campoccia against Atlantic Contracting Of Yonkers, Inc., Joel Acevedo in the amount of $ 460,000.00. It i s hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated September 18, 2023, the Court adopts the Report & Recommendation in full. Default judgment is entered against the Atlantic Defendants, as Cross-Defendants, awarding the Pizzarotti Defendants, as Cross-Claimants, $460,000.00 in damages. (Signed by Clerk of Court Ruby Krajick on 9/19/2023) (Attachments: # 1 Notice of right to appeal) (nd)
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Filing
197
ORDER ADOPTING REPORT AND RECOMMENDATION for 196 Report and Recommendations. Reviewing Magistrate Judge Netburn's comprehensive and well-reasoned Report and Recommendation for clear error, the Court finds none. Accordingl y, the Court ADOPTS the Report and Recommendation in full. The Clerk of Court is respectfully requested to enter default judgment against the Atlantic Defendants, as Cross-Defendants, awarding the Pizzarotti Defendants, as Cross-Claimants, $460,000.00 in damages. SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 9/18/2023) (tg) Transmission to Orders and Judgments Clerk for processing.
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Filing
195
ORDER: Pursuant to the Court's order (ECF No. 192), the Atlantic Defendants' response to the Pizzarotti Defendants' motion was due on March 2, 2023. Because the Atlantic Defendants have failed to respond, the Court deems the matter fully briefed. The Court will address the matter in due course. (Signed by Magistrate Judge Sarah Netburn on 4/14/2023) (ate)
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Filing
192
ORDER: On November 23, 2022, the Court ordered the Pizzarotti Defendants, as Cross Claimants, to file a Proposed Findings of Fact and Conclusions of Law by December 23, 2022. ECF No. 191.As Cross Claimants have made no such filing, they are ordere d to submit a Proposed Findings of Fact and Conclusions of Law by February 1, 2023. Cross Defendants shall file a response, if any, no later than 30 days after service. If the Pizzarotti Defendants/Cross Claimants fail to file their application for default damages, their claims may be dismissed for failure to prosecute under Federal Rule of Civil Procedure 41(b). (Signed by Magistrate Judge Sarah Netburn on 1/30/2023) (ras)
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Filing
187
ORDER: The parties are hereby ORDERED to file a joint status letter in 30 days informing the Court how Plaintiffs intend to proceed as to the defaulting Defendants, Atlantic Contracting Of Yonkers, Inc. and Joel Acevedo, as those defendants have not appeared and therefore have not consented to the authority of a Magistrate Judge. It is further ORDERED that the Status Conference scheduled for October 18, 2022, at 1:00 PM is adjourned sine die. SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 10/14/2022) (tg)
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Filing
185
ORDER: On October 10, 2022, Plaintiffs and Defendants Pizzarotti, LLC, Ignazio Campoccia, and Giacomo Di'Nola entered a Proposed Order consenting to have a United States Magistrate Judge conduct all proceedings in this case. [ECF No. 183.] T he Court endorsed that Order on October 12, 2022. [ECF No. 184.] The defaulting Defendants, Atlantic Contracting Of Yonkers, Inc. and Joel Acevedo, however, have not appeared and have not consented to the authority of a Magistrate Judge. Plaintiffs should therefore advise by noon on Friday, October 14, 2022, how they intend to proceed as to the defaulting Defendants. SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 10/12/2022) (tg)
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Filing
179
ORDER: The Parties have informed the Court that this case has been settled in principle [ECF No. 177.] The Court is also in receipt of a Notice, Consent and Reference of a Dispositive Motion to a Magistrate Judge form that purports to limit the p arties' consent to "consideration of Plaintiffs'motion for approval of the parties' FLSA settlement agreement." [ECF No. 178.] The order approving settlement would be a final resolution of the case. The parties therefore m ust consent to the Magistrate Judge for all purposes or submit materials for review by this Court. Should the parties choose not to consent to the Magistrate Judge for all purposes, in light of the requirements of Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015), the parties are directed to file a joint letter with sufficient information to enable the Court to evaluate whether the settlement is fair and reasonable on or before October 14, 2022. The letter should address the claims and defenses, as further set forth in this Order. SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 9/30/2022) (vfr)
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Filing
168
MEMO ENDORSEMENT granting 158 Motion to Bifurcate. ENDORSEMENT: GRANTED. The parties have waived trial by jury. The issues of liability and thereafter damages will be tried separately to the Court. SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 5/17/2022) (tg)
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Filing
147
ORDER: Because of a conflict in the Court's calendar, the pretrial conference scheduled for May 17, 2022 at 10:30 AM is ADJOURNED to May 17, 2022 at 11:00 AM. SO ORDERED. ( Pretrial Conference set for 5/17/2022 at 11:00 AM before Judge Mary Kay Vyskocil.) (Signed by Judge Mary Kay Vyskocil on 4/4/2022) (tg)
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Filing
146
OPINION AND ORDER DENYING MOTION TO CERTIFY NEW YORK LABOR LAW CLAIMS AS A CLASS ACTION AND GRANTING MOTION TO CERTIFY FAIR LABOR STANDARDS ACT CLAIMS AS COLLECTIVE ACION re: 135 FIRST MOTION to Certify Class & FLSA Collective. filed by Andy Gil, Rafael Hernandez., Plaintiffs' Motion to certify an FLSA collective pursuant to section 216(b) of the FLSA is GRANTED. Plaintiffs' Motion to certify their NYLL claims as a class action pursuant to Rule 23 is DENIED. The Court directs counsel for all parties to appear at a pretrial conference on May 17, 2022 at 10:30 AM. The parties shall file their proposed joint pretrial order on or before May 10, 2022. The parties shall consult the Court's Individual Practice Ru le Section 7.A. and ensure compliance therewith. The required pretrial filings outlined in Section 7.B of the Court's Rules need not be filed with the proposed joint pretrial order. The Court will set a deadline for these submissions at a lat er date. At the pretrial conference the parties should be prepared to discuss their proposed joint pretrial order, trial scheduling and logistics, deadlines for pretrial filings outlined in Section 7.B. of the Court's Individual Practice Rule s, and all other pretrial matters. The parties should consult the Court's Individual Practice Rules and ensure compliance therewith. The Clerk of Court is respectfully requested to terminate docket entry 135. SO ORDERED. ( Joint Pretrial Order due by 5/10/2022., Pretrial Conference set for 5/17/2022 at 10:30 AM before Judge Mary Kay Vyskocil.) (Signed by Judge Mary Kay Vyskocil on 3/31/2022) (tg)
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Filing
128
SETTLEMENT CONFERENCE ORDER: A settlement conference is scheduled for Monday, June 28, 2021, at 10:00 a.m. and will be held telephonically. The Court will provide dial-in information by email before the conference. The parties are directed to revi ew and comply with the Procedures for Cases Referred for Settlement to Magistrate Judge Sarah Netburn, a copy of which is available on the Court's website at https://nysd.uscourts.gov/hon-sarah-netburn. The parties are strongly encouraged to e ngage in good-faith settlement negotiations before the settlement conference and preferably before the submission to the Court of the Ex Parte Settlement Letters and Acknowledgment Forms, which are to be submitted by Monday, June 21, 2021. Should t he parties resolve the litigation before the conference date, they must notify the Court in writing immediately. (Settlement Conference set for 6/28/2021 at 10:00 AM before Magistrate Judge Sarah Netburn.) (Signed by Magistrate Judge Sarah Netburn on 4/26/2021) (ras)
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Filing
126
ORDER: On Monday, April 19, 2021, the Honorable Mary K. Vyskocil assigned this matter to my docket for settlement. In light of the Court's busy calendar, settlement conferences must generally be scheduled at least six to eight weeks in advanc e. The Court will likely be unable to accommodate last-minute requests for settlement conferences, and the parties should not anticipate that litigation deadlines will be adjourned in response to late requests for settlement conferences. As soon as practicable, the parties are directed to contact Courtroom Deputy Rachel Slusher via email at Rachel_Slusher@nysd.uscourts.gov with three (3) mutually convenient dates, to schedule a settlement conference for a time when they believe it would be productive. (Signed by Magistrate Judge Sarah Netburn on 4/19/2021) (ras)
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Filing
119
OPINION AND ORDER DENYING MOTION FOR SUMMARY JUDGMENT re: 87 MOTION for Summary Judgment filed by Ignazio Campoccia, Giacomo Di'Nola, Pizzarotti, LLC. For the reasons discussed above, the PZ Defendants' mot ion for summary judgment is DENIED. Plaintiffs shall file their anticipated motion for class certification, for certification of a collective action, or both on or before April 13, 2021. (See Scheduling Order [ECF No. 77].) The Clerk of Court is respectfully requested to terminate docket entry 87. ( Motions due by 4/13/2021.) (Signed by Judge Mary Kay Vyskocil on 3/29/2021) (mro)
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Filing
115
DEFAULT JUDGMENT: On September 15, 2020, the Court held a hearing by telephone on Plaintiffs' Motion for Default Judgment as to liability against Defendants Joel Acevedo and Atlantic Contracting of Yonkers, Inc. [ECF No. 81]. The Court noted that Defendants Joel Acevedo and Atlantic Contracting of Yonkers, Inc. failed to appear, although Plaintiffs had served these two Defendants with notice of the Amended Complaint [ECF No. 3536], Motion for Default Judgment [ECF Nos. 9192], and the C ourt's Orders scheduling a hearing on the Motion [e.g., ECF No. 109]. Defendants Joel Acevedo and Atlantic Contracting of Yonkers, Inc. failed to respond to the Amended Complaint, and on April 25, 2020, the Clerk of Court entered Certificates of Default against these Defendants [ECF Nos. 6061]. These Defendants did not respond to the Motion for Default Judgment or appear at the hearing. Based on the Court's careful review of Plaintiffs' Motion and supporting papers filed by P laintiffs [ECF Nos. 81, 84, 84-1, 84-2, 84-3], and for the reasons stated at the hearing on September 15, 2020, the Court GRANTS Plaintiffs' Motion for Default Judgment as to liability against Defendants Joel Acevedo and Atlantic Contracting of Yonkers, Inc. Assessment of damages is premature and must await trial of Plaintiffs' claims against the remaining Defendants. (Signed by Judge Mary Kay Vyskocil on 9/15/2020) (rro)
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Filing
54
ORDER: Accordingly: It is hereby ORDERED that the Post-Discovery Conference scheduled to take place on Thursday, March 19, 2020 is adjourned to May 5, 2020 at 11:00 AM. No later than April 28, 2020, the parties should file (i) a joint status letter o f no more than 3 pages, and (ii) any pr-emotion letters in accordance with the Court's Individual Rules of Practice in Civil Cases, available at https://nysd.uscourts.gov/hon-mary-kay-vyskocil. SO ORDERED., ( Pretrial Conference set for 5/5/2020 at 11:00 AM before Judge Mary Kay Vyskocil.) (Signed by Judge Mary Kay Vyskocil on 3/16/2020) (ama)
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