Acosta v. Hudson View Care Center, Inc. et al
| Secretary of Labor R. Alexander Acosta and R. Alexander Acosta |
| Michael Melnicke and Hudson View Care Center, Inc. |
| 7:2018cv08389 |
| September 14, 2018 |
| US District Court for the Southern District of New York |
| Vincent L Briccetti |
| Labor: Fair Standards |
| 29 U.S.C. § 201 |
| None |
Docket Report
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Filing 12
SUPPLEMENTAL JUDGMENT: Pursuant to paragraph II of the Consent Judgment entered by the Court on September 25, 2018 (Dkt. No. 10), Plaintiff hereby submits Exhibits A and B setting forth the names of Defendants' former and current employees due overtime compensation and liquidated damages, and the specific amounts of overtime compensation and liquidated damages due each employee. SO ORDERED. Clerk shall terminate the motion (Doc. #11.) Motions terminated: #11 MOTION to Approve Consent Judgment Supplemental Judgment filed by R. Alexander Acosta. (Signed by Judge Vincent L. Briccetti on 10/17/2018) (mml)
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| Filing 11 MOTION to Approve Consent Judgment Supplemental Judgment. Document filed by R. Alexander Acosta.(Jacobs, Susan) |
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Filing 10
CONSENT JUDGMENT: It is, therefore, upon motion of the attorneys for Plaintiff and for cause shown ORDERED that: I. Defendants, their officers, employees, agents, and all persons acting or claiming to act in Defendants' behalf and interest, be, and hereby are, permanently enjoined and restrained from violating the provisions of sections 7, 11(c), 15(a)(2), 15(a)(3), and 15(a)(5) of the Fair Labor Standards Act or 1938, as amended (29 U.S.C. 201 et seq.) ("the Act"), in any of the followingmanners, as further set forth in this Order. II. Further, the Court finding that unpaid overtime back wages are owed and shall be paid to the employees listed on Exhibits A and B, to be filed by Supplemental Judgment within 30 days of the date of entry of this Consent Judgment, in the amount of $182,500, plus an equal additional amount of liquidated damages of $182,500, and that the parties have agreed to Civil Money Penalties in the amount of $20,000, for a total amount of $385,000, it is: ORDERED that Defendants and all persons acting on their behalf are enjoined and restrained from withholding the payment of $182,500 in unpaid overtime back wages due Defendants' employees listed in Exhibits A and B to be filed by Supplemental Judgment within 30 days of the elate of entry of this Consent Judgment. further, Defendants shall pay a total of $182,500 in liquidated damages wages due Defendants' employees listed in Exhibits A and B and $20,000 in Civil Money Penalties for recordkeeping and overtime violations of the Act. These payments shall be made by Defendants in accordance with Paragraph III of this Consent Judgment. III. Payment in the total amount of $385,000 for back wages, liquidated damages and Civil Money Penalties shall be made by Defendants on or before September 28, 2018 either electronically on the website www.pay.gov or by cashier or certified checks, as further set forth in this Order. (Signed by Judge Vincent L. Briccetti on 9/25/2018) (mml)
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Filing 9
ORDER granting #8 Motion to Approve Consent Judgment. The Court finds that the proposed Consent Decree is fair and reasonable. Accordingly, the Secretary's motion to approve the decree is GRANTED. The Court will sign the Consent Decree, which will be entered as a final judgment. Once the Consent Decree has been entered, the Clerk is instructed to terminate the motion (Doc. #8), and close this case. (Signed by Judge Vincent L. Briccetti on 9/25/2018) (mml)
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| Filing 8 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION to Approve Consent Judgment . Document filed by R. Alexander Acosta. (Attachments: #1 Consent Judgment, #2 Certificate of Service)(Jacobs, Susan) Modified on 9/27/2018 (db). |
| Filing 7 ELECTRONIC SUMMONS ISSUED as to Michael Melnicke. (dnh) |
| Filing 6 ELECTRONIC SUMMONS ISSUED as to Hudson View Care Center, Inc.. (dnh) |
| Filing 5 REQUEST FOR ISSUANCE OF SUMMONS as to Michael Melnicke, re: #2 Complaint. Document filed by R. Alexander Acosta. (Jacobs, Susan) |
| Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to Hudson View Care Center, Inc., re: #2 Complaint. Document filed by R. Alexander Acosta. (Jacobs, Susan) |
| Filing 3 CIVIL COVER SHEET filed. (Jacobs, Susan) |
| Filing 2 COMPLAINT against Hudson View Care Center, Inc., Michael Melnicke. Document filed by R. Alexander Acosta.(Jacobs, Susan) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Susan Beth Jacobs to RE-FILE Document No. #1 Complaint. The filing is deficient for the following reason(s): the event wrong event type was used to file the civil cover sheet. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF.. (pc) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Susan Beth Jacobs. The following case opening statistical information was erroneously selected/entered: County code Westchester; Fee Status code none (no fee required). The following correction(s) have been made to your case entry: the County code has been modified to New York; the Fee Status code has been modified to wv (waived). (pc) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Susan Beth Jacobs. The party information for the following party/parties has been modified: Secretary of Labor R. Alexander Acosta, Michael Melnicke, Hudson View Care Center, Inc.. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly; party text was omitted; alias party name was omitted. (pc) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Susan Beth Jacobs to RE-FILE Document No. #1 Complaint. The filing is deficient for the following reason(s): the wrong event type was used to file the request for issuance of summons. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Vincent L. Briccetti. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (pc) |
| Case Designated ECF. (pc) |
| Magistrate Judge Paul E. Davison is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (pc) |
| Filing 1 COMPLAINT against Hudson View Care Center, Inc., Michael Melnicke. Document filed by R. Alexander Acosta. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons, #3 Proposed Summons)(Jacobs, Susan) |
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