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03-2814 - Amaya et al v. Garden City Irrigation Inc. et al


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03-2814 - Amaya et al v. Garden City Irrigation Inc. et al
August 8, 2006
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MEMORANDUM and ORDER denying the 57 Motion for Default Judgment. Garden City Deft's cross-motion to vacate the clerk's notation of default is granted. The proposed answer, attached as Exhibit A to the Declaration of Raymond Nardo, is deemed timely filed. Ordered by Judge Frederic Block, on 8/1/2006. Copies mailed by Chambers. (Barrett, C.)
July 28, 2008
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MEMORANDUM AND OPINION: For the reasons stated in the attached Memorandum and Order, plaintiffs motion to amend the complaint is granted. It is hereby ordered that Jose Hernandez, Jose Garcia, and Pedro Gil shall be added to the complaint as plaintiffs and that their federal and state claims shall relate back to the original complaint. It is further ordered that Adam Tedesco shall be added to the complaint as a defendant and that Paul Lopes, Samuel Estrada, and Jose Alvarados state law claims against him shall relate back to December 31, 2007. Ordered by Magistrate Judge Robert M. Levy on 7/25/08. See attached M&O.(Marino, Janine)
September 5, 2008
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MEMORANDUM AND OPINION: On June 6, 2003, plaintiffs Fredy Amaya and Samuel Estrada, landscape and construction laborers, brought this action to recover unpaid wages. They amended their complaint on September 15, 2003 to add Jose Alvarado, Jose Garcia, Paul Lopes, Thomas Baez, Luis Campos, and Leoladio Acosta, additional laborers, as plaintiffs. (Amended Complaint, dated Sept. 15, 2003 (Am. Compl.), 5.) Plaintiffs allege that defendants did not pay them proper compensation for the work they performed for employer defendants from 1997 to 2003. (Am. Compl. 1.) Plaintiffs therefore seek to recover money damages for unpaid minimum wage, overtime and prevailing wage compensation, and liquidated damages and reasonable attorneys fees pursuant to the Fair Labor Standards Act of 1938 (FLSA), as amended, 29 U.S.C. § 201, et seq., New York State Labor Law, and the common law. (Am. Compl. 1.) They also seek redress for retaliation and retaliatory termination of employment pursuant to 29 U.S.C. § 215 and N.Y. Lab. § 215. (Am. Compl. 1.) On April 4, 2008, plaintiffs moved pursuant to Federal Rule of Civil Procedure 15(a)(2) and (c) and Section 16(b) of the FLSA to add Jose Hernandez, Jose Garcia, and Pedro Gil as named plaintiffs in this action and to have these plaintiffs claims relate back to the original complaint. Plaintiffs also moved pursuant to Rule 21 to add third-party defendant/fourth-party plaintiff Adam Tedesco, once part-owner of employer defendants, as a named defendant with regard to the New York State law claims of Lopes, Alvarado, and Estrada and to have their claims against him relate back to December 31, 2007. The court granted these motions. Plaintiffs now move to have Lopes, Alvarado, and Estradas state law claims against Tedesco relate back to the original complaint. Tedesco opposes the motion. For the reasons stated in the attached Memorandum and Order, plaintiffs motion to amend the complaint is granted. It is hereby ordered that Paul Lopes, Samuel Estrada, and Jose Alvarados state law claims against Adam Tedesco shall relate back to the original complaint. See attached Memorandum and Order. Ordered by Magistrate Judge Robert M. Levy on 9/5/08.(Marino, Janine)
July 13, 2009
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MEMORANDUM AND ORDER, Defendant/Third-Party Defendant/Fourth-Party Plaintiff Adam Tedesco appeals M.J. Levy's 9/5/08 ruling that plaintiffs' claims against him, first raised in an amd. complaint, would relate back to the filing of the original complaint on 6/6/03. The Court held oral argument on 7/8/09; for the following reasons herein, it overrules Mag. Judge Levys ruling, and the state-law claims of Lopes, Alvarado and Estrada against Tedesco shall relate back only to 12/31/07. (So Ordered by Senior Judge Frederic Block on 7/10/2009). C/M-chmbs. (Layne, Monique)
February 16, 2011
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MEMORANDUM AND ORDER: Because there are genuine issues of material fact regarding Tedesco's role in the alleged failure to pay plaintiffs' wages, his motion for summary judgment must be denied. In sum: Defendants' converted motion for summary judgment on Estrada's and Alvarado's state-law claims is granted, and those claims are dismissed with prejudice. First National's motion for summary judgment on its indemnity claim against Tedesco is granted, and the Clerk shall enter judgment accordingly in the amount of $43,476.66. Tedesco's motion for partial summary judgment on this indemnity claim against GCI and Milcetic is denied. Ordered by Senior Judge Frederic Block on 2/15/2011. (Chee, Alvin)
January 17, 2017
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MEMORANDUM AND ORDER: Marina Trubitsky is hereby ordered to pay sanctions in the amount of $5,000 to the Clerk of this Court by February 24, 2017. In addition, Ms. Trubitsky is ordered to show cause by that date why this case should not be dismissed for lack of prosecution. Failure to respond will result in a recommendation that the claims of plaintiffs Samuel Estrada and Jose Alvarado be dismissed. Finally, by February 24, 2017, Ms. Trubitsky is directed to show cause why her conduct should not be referred to the Eastern District Disciplinary Committee for appropriate action pursuant to Rule 1.5 of the Local Rules of the United States District Courts for the Southern and Eastern Districts of New York. Ordered by Magistrate Judge Robert M. Levy on 1/17/2017.(Marino, Janine) See attached Memorandum & Order for Details.