Guevara v. Goodnight Group LLC et al
Case Number: 1:2020cv05330
Filed: December 17, 2020
Court: US District Court for the Southern District of New York
Office: Foley Square Office
Nature of Suit: Labor: Fair Standards
Cause of Action: 29 U.S.C. ยง 201 Fair Labor Standards Act
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Date Filed Document Text
August 16, 2022 Opinion or Order Filing 122 RULE 68 JUDGMENT: It is ORDERED, ADJUDGED, AND DECREED, that judgment is entered in favor of Plaintiffs Stephania Guevara and Sandra Heras, and opt-in claimants Juan Rojas, Juan Gonzalez, Rafael Soriano, Carlos Valderrama, Andre Poveda, Elton P aez, Diana Juarez, and David Mothi, in the sum of Fifty Thousand Dollars and No Cents ($50,000.00), in accordance with the terms and conditions of Defendants' Rule 68 Offer of Judgment dated August 15, 2022 and filed as Exhibit A to Docket Number 120. SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 8/16/2022) (vfr)
July 5, 2022 Opinion or Order Filing 116 ORDER denying 105 Letter Motion for Conference re: 105 LETTER MOTION for Conference re: Plaintiff's Anticipated Motion for Sanctions addressed to Magistrate Judge Barbara C. Moses from C.K. Lee dated June 8, 2022. LETTER M OTION for Local Rule 37.2 Conference addressed to Magistrate Judge Barbara C. Moses from C.K. Lee dated June 8, 2022., 109 LETTER MOTION for Leave to File Excess Pages for Plaintiffs' Anticipated Rule 23 Class Certification Motion addressed to Magistrate Judge Barbara C. Moses from C.K. Lee dated June 27, 2022., 112 FIRST LETTER MOTION for Extension of Time addressed to Magistrate Judge Barbara C. Moses from Lee Jacobs dated June 29, 2022. ; denyin g 105 Letter Motion for Local Rule 37.2 Conference; denying 109 Letter Motion for Leave to File Excess Pages; denying 112 Letter Motion for Extension of Time. Defendants shall produce any outstanding document discovery regarding the opt-i n plaintiffs, as well as any outstanding document discovery within the scope of this Court's Order dated January 10, 2022 (Dkt. No. 85), no later than July 22, 2022. All remaining fact discovery, including fact depositions, shall be completed no later than August 16, 2022. No further extensions of the fact discovery deadline will be granted absent compelling circumstances. Plaintiffs may resume the depositions of Thomas Tardie and Dasha Naymon,limited to 2 hours of questioning per witn ess. The scope of the questioning shall conform to the Court's oral ruling during today's conference. Because counsel for both sides conducted themselves poorly during the initial depositions of these witnesses (see Dkt. No. 106 at 2 n.1 ), an award of expenses to plaintiffs would be unjust. See Fed. R. Civ. P. 37(a)(5)(A)(iii). Consequently, no sanctions will be assessed. Except to the extent set forth above, plaintiffs' motion for discovery relief (Dkt. No. 105) and defenda nts' motion to adjourn deadlines (Dkt. No. 112) are DENIED Plaintiffs may move to certify a class pursuant to Fed. R.Civ. P. 23 no later than August 31, 2022. Plaintiffs' request to file an overlength brief (Dkt. No. 109) is DENIED withou t prejudice to renewal atthe time the motion is filed. Summary judgment motions, if any, shall be filed no later than 30 days after decision on the class certification motion. The parties' proposed joint pretrial order shall be filed no late r than 30 days after decision on the class certification motion, unless there are summary judgment motions, in which case the joint pretrial orders hall be filed no later than 30 days after the decision on the motion(s). The Clerk of Court is respectfully directed to close the motions at Dkt. Nos. 105, 109, and 112. (Signed by Magistrate Judge Barbara C. Moses on 7/5/2022) (rro)
June 30, 2022 Opinion or Order Filing 115 ORDER: The Court will conduct a telephonic conference on July 5, 2022 at 11:00 a.m. At that time, the parties shall call (888) 557-8511, and enter the access code #7746387. SO ORDERED. ( Telephone Conference set for 7/5/2022 at 11:00 AM before Magistrate Judge Barbara C. Moses.) (Signed by Magistrate Judge Barbara C. Moses on 6/30/2022) (vfr)
June 10, 2022 Opinion or Order Filing 106 ORDER: Consequently, it is hereby ORDERED that plaintiffs shall submit a supplemental letter (limited to two pages), no later than June 13, 2022: (i) addressing the timing of the depositions, (ii)attaching a copy of plaintiffs' Rule 30(b)(6) deposition notice(s), and (iii) describing whetherand when the parties "confer[red] in good faith about the matters for examination" in advance as required. See Fed. R. Civ. P. 30(b)(6). Defendants may submit a responding letter (limite d to four pages) no later than June 15, 2022. Plaintiffs may submit a reply letter (limited to two pages) no later than June 17, 2022. The Court will then determine whether a conference is required. (Signed by Magistrate Judge Barbara C. Moses on 6/10/2022) (rro)
January 26, 2022 Opinion or Order Filing 87 ORDER: The Court is in receipt of the parties' joint letter (Dkt. No. 86) attaching the revised proposed Notice of Pendency and proposed Distribution Order. The Court will hold a telephonic conference on January 28, 2022, at 2:00 p.m., to d iscuss those materials. At that time, the parties are directed to dial (888) 557-8511 and enter access code 7746387. SO ORDERED. ( Telephone Conference set for 1/28/2022 at 02:00 PM before Magistrate Judge Barbara C. Moses.) (Signed by Magistrate Judge Barbara C. Moses on 1/26/2022) (va)
January 10, 2022 Opinion or Order Filing 85 ORDER: For the reasons discussed at the December 2, 2021 conference, and in light of developments thereafter, it is hereby ORDERED as follows: As set forth herein. SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 1/10/2022) (ama)
November 10, 2021 Opinion or Order Filing 71 ORDER granting 70 Letter Motion for Local Rule 37.2 Conference. The Court therefore doubts that the parties conferred "in good faith," in a genuine effort to resolve their dispute "without court action," as required by, in ter alia, Fed. R. Civ. P. 37(a)(1). Consequently, it is hereby ORDERED that: 1. Further Good-Faith Conference. The parties shall promptly meet and confer again, in good faith and in real time (i.e., in person, by videoconference, or by telephone; letters, emails or text messages alone will not do), at which time they shall discuss each of the disputed requests and interrogatories and make a genuine effort to resolve their disagreements without court intervention. 2. Refiled Letter-Moti on. If the parties remain at impasse after complying with paragraph 1 herein, plaintiffs may refile their letter-motion no later than November 16, 2021, in compliance with Moses Ind. Prac. § 2(b), and shall include a description of all o ffers to narrow or otherwise compromise the discovery requests and interrogatories that remain in dispute. In addition: a. To the extent plaintiffs' "requests for class discovery" remain in dispute, see Pl. Ltr. at 2, plaintiffs sh all identify precisely which document demands and interrogatories they categorize as seeking "class discovery." b. To the extent RFP 31 remains in dispute, see Pl. Ltr. at 3, plaintiffs shall identify each proposed custodian and all of pl aintiffs' "listed search terms." Id. Defendant's opposition letter shall be filed no later than November 19, 2021. Plaintiff's optional reply letter shall be filed no later than November 23, 2021. 3. Conference. The Court will hold a discovery conference on November 29, 2021, at 11:00 a.m., via teleconference. At that time, parties should dial (888) 557-8511 and enter access code: 7746387. If plaintiffs do not timely refile their letter-motion, the conference will be cancelled. The Clerk of Court is respectfully directed to close Dkt. No. 70. Telephone Conference set for 11/29/2021 at 11:00 AM before Magistrate Judge Barbara C. Moses. (Signed by Magistrate Judge Barbara C. Moses on 11/10/2021) (ate)
April 28, 2021 Opinion or Order Filing 31 ORDER denying without prejudice 21 Motion for Default Judgment. The Court held a hearing on Plaintiff's motion for a default judgment on April 28, 2021. While Defendants had not previously appeared in this case, counsel for Defendants filed a notice of appearance on the ECF docket shortly before the hearing began, and then appeared at the hearing. This Order memorializes the Court's rulings at the conference. Plaintiff stated that she wished to withdraw her motion for a default judgment after the appearance of Defendants in this case. Accordingly, the Motion for a Default Judgement [ECF No. 21] is DENIED WITHOUT PREJUDICE. The Clerk of Court respectfully is requested to close the motion at ECF No. 21. Counsel for Defenda nts confirmed that she would accept service on behalf of both remaining Defendants in this case (Goodnight Group LLC and Flatiron Room Operations LLC) as well as the previously dismissed Defendant Thomas Tardie. Defendants must answer or otherwise respond to Plaintiff's complaint within thirty days of this Order. This deadline will not be extended absent extraordinary circumstances. SO ORDERED.. (Signed by Judge Mary Kay Vyskocil on 4/28/2021) (rj)
December 17, 2020 Opinion or Order Filing 13 ORDER OF DISMISSAL: The Complaint in this action was filed on July 10, 2020 [ECF #1]. Certain executed summonses were filed on the docket on November 16, 2020 reflecting that Defendants' responses to the complaint were due October 8, 2020 [E CF #10-12]. No responses were filed, and Plaintiff has not prosecuted this case to date. Accordingly, it is hereby: ORDERED that the above-captioned action is discontinued for failure to prosecute without costs to any party and without prejudice to restoring the action to this Court's calendar if the application to restore the action is made by January 15, 2021. If no such application is made by that date, today's dismissal of the action is with prejudice. See LeSane v. Hall's Sec. Analyst, Inc., 239 F.3d 206, 209 (2d Cir. 2001) (citing Link v. Wabash R.R. Co., 370 U.S. 626, 630 (1962)). SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 12/17/2020) ( Motions due by 1/15/2021.) (ks)
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