Lemus v. Pezzementi et al
| Ramiro Lemus |
| Todd Pezzementi, Shawn Pezzementi and Northern Tree Service |
| 7:2015cv05592 |
| July 17, 2015 |
| US District Court for the Southern District of New York |
| White Plains Office |
| Rockland |
| Nelson Stephen Roman |
| Fair Labor Standards Act |
| 29 U.S.C. ยง 201 |
| Plaintiff |
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Filing
123
OPINION & ORDER for 58 Report and Recommendations, 122 Report and Recommendations. Based on the foregoing, the Court adopts the R & R in its entirety. Accordingly, the Clerk of the Court is respectfully directed to enter a monetary judgment in favor of Plaintiff, in accordance with the R & R, for : (1) $12,000.00 representing overtime wages ; (2) $229.25 in unpaid wages; (3) $12,000.00 in liquidated damages; (4) pre-judgment interest on the total award of NYLL damages ( i.e., items (1) and (2)) of $12,229.25 from December 9, 2013 until the date of entry of judgment at the rate of 9 percent per annum; (5) $702.25 in damages for medical expenses; (6) $20,000.00 in damages for past pain and suffering; (7 ) pre-judgment interest on the award of damages for past pain and suffering from June 16, 2023, the date of the Report and Recommendation, until the date of entry of judgment at the rate of 9 percent per annum; (8) $1,100.05 in costs; (9) $ 10,000.00 in punitive damages; and (10) post-judgment interest in accordance with 28 U.S.C. § 1961. Upon entry of judgment in favor of Plaintiff, the Clerk of the Court is respectfully directed to close this case. (Signed by Judge Nelson Stephen Roman on 9/29/2023) (ate) Transmission to Orders and Judgments Clerk for processing.
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Filing
115
ORDER: Accordingly, the Court hereby schedules an in-person inquest hearing for Monday, February 6, 2023 at 10:00 a.m. in Courtroom 250 at the United States Courthouse, 300 Quarropas Street, White Plains, New York 10601. Plaintiff must be prepa red to offer testimony to support his FLSA and NYLL claims at a minimum, and may offer testimony regarding any of his other claims for damages as well. In addition, Plaintiff may provide admissible documentary evidence, if any, to substantiate h is claims for damages. Defendants will also be permitted to appear and offer testimony and admissible documentary evidence, if any, regarding the amount of damages to which Plaintiff is entitled. The Court will hold a telephonic status conference on January 25, 2023 at 11:00 a.m. to discuss the parameters of the inquest hearing and any other logistical matters that may be relevant for the hearing. To access the teleconference, please follow these directions: (1) dial the meeting number: (877) 336-1831; (2) enter the access code: 2751700; and (3) press pound (#) to enter the teleconference as a guest. Should counsel experience any technical issues with the teleconferencing system, please contact Chambers at (914) 390-4070. SO ORDERE D. ( Inquest Hearing set for 2/6/2023 at 10:00 AM in Courtroom 250, 300 Quarropas Street, White Plains, NY 10601 before Magistrate Judge Andrew E. Krause., Telephone Conference set for 1/25/2023 at 11:00 AM before Magistrate Judge Andrew E. Krause.) (Signed by Magistrate Judge Andrew E. Krause on 1/11/2023) (tg)
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Filing
114
ORDER: Both parties have filed documents containing personally identifying information that must be placed under seal. Accordingly, the Court respectfully directs that the Clerk of Court place the following documents under seal, viewable only by the Court and the parties to the case: ECF Nos. 91-2, 102-1, 102-3, 113-1, and 113-2. SO ORDERED. (Signed by Magistrate Judge Andrew E. Krause on 12/6/2022) (tg)
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Filing
105
ORDER: Accordingly, if Defendants seek to have the Court consider any of these documents, they must provide properly authenticated copies, as well as a sworn statement explaining the information reflected in Defendants payroll records for Plaintiff. The parties must serve and file their supplemental inquest submissions by no later than Friday, July 1, 2022. SO ORDERED. (Signed by Magistrate Judge Andrew E. Krause on 6/2/2022) (tg)
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Filing
92
ORDER re: 91 Statement of Relatedness filed by Ramiro Lemus. On August 21, 2020, Plaintiff filed his inquest submission. Docket # 91. If Defendants wish to file an opposition, they shall serve and file their opposition by no later than September 18, 2020. Plaintiff shall serve and file his reply, if any, by no later than September 25, 2020. SO ORDERED. (Signed by Magistrate Judge Lisa Margaret Smith on 9/3/2020) (kv)
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Filing
85
ORDER: Accordingly, Plaintiff is once again ordered to show cause by no later than May 19, 2020, why the undersigned should not issue a Report and Recommendation recommending that Judge Roman deny Plaintiff's request for the entry of a default j udgment awarding him money damages in the above-referenced action. Plaintiff shall provide in any response to this Order an explanation for his inability to meet with his clinical neuropsychologist either in person or remotely within 30 days from the date hereof. Plaintiff's failure to provide such an explanation shall likewise result in the issuance of a Report and Recommendation recommending that Judge Roman deny Plaintiff's request for the entry of a default judgment awarding him mo ney damages in the above-referenced action. There will be no further extensions of time beyond that included herein. And as set forth herein. SO ORDERED., ( Show Cause Response due by 5/19/2020.) (Signed by Magistrate Judge Lisa Margaret Smith on 5/12/2020) (ama)
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Filing
84
CANCELLATION NOTICE: The status conference scheduled for Tuesday, May 19, 2020, at 2:00 PM, before the Honorable Lisa Margaret Smith, United States Magistrate Judge, in the matter of Lemus v. Pezzementi, et al., 15-cv-5592 (NSR) (LMS), has been cancelled. (Signed by Magistrate Judge Lisa Margaret Smith on 5/6/2020) (rj)
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Filing
83
ORDER: Under the circumstances, the Court grants Plaintiff's request but hereby orders that Plaintiff shall provide the Court with an update 30 days from the date hereof, informing the Court as to Plaintiff's ability to meet with his cl inical neuropsychologist and when such appointment will be scheduled to occur. Although the Court understands that in-person, non-essential medical appointments have been cancelled for the time being, Plaintiff must provide the Court with an explanation as to why he is unable to meet with his clinical neuropsychologist remotely, even though he needs a translator, who may participate remotely as well. (Signed by Magistrate Judge Lisa Margaret Smith on 4/9/2020) (rj)
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Filing
63
ORDER ADOPTING REPORT AND RECOMMENDATION for 58 Report and Recommendations: Ramiro Lemus ("Plaintiff" or "Lemus"), on behalf of himself and those similarly situated, commenced this action against Todd Pezzementi ("Todd&qu ot;), Shawn Pezzementi and Northern Tree Service ("Northern") (collectively referred to as "Defendants") asserting claims under the Fair Labor and Standards Act ("FLSA") and New York Labor Law ("NYLL"). Followi ng Defendants' appearance and answer, pursuant to 28 U.S.C. § 636(b) and Federal Rule of Civil Procedure 72(b), this case was referred to Magistrate Judge Lisa M. Smith ("Judge Smith"). During the pendency of discovery, Plaintiff moved for an order striking Defendants' pleadings. On August 11, 2017, Judge Smith issued a Report and Recommendation ("R&R"), recommending that Plaintiff's motion be granted (ECF No. 58). For the reasons stated above, this Court adopts Judge Smith's R&R in its entirety. Plaintiff's motion to strike Defendants' answer is GRANTED. Defendants are directed to pay the cost associated with the unjustified cancellation of depositions, and reasonable attorneys' f ees (pursuant to Fed. R. Civ 37(b)(2)(C)) consistent with the R&R. The Clerk of the Court is directed to enter defaults against Defendants Todd and Northern pursuant to Rule 55(a). Plaintiff shall be permitted to apply for a default judgment against said Defendants on his claims for assault and battery. Any application for the entry of a default judgment on Plaintiff's claims for violation of the FLSA, NYLL and for unpaid wages is held in abeyance. The Clerk of Court is respectfully directed to terminate the motion (Doc. No. 56). This constitutes the Court's Order. (Signed by Judge Nelson Stephen Roman on 9/19/2017) (jwh)
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