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12-5565 - Coley et al v. Vannguard Urban Improvement Association, Inc. et al


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12-5565 - Coley et al v. Vannguard Urban Improvement Association, Inc. et al
September 24, 2014
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ORDER granting 87 Motion to Dismiss for Failure to State a Claim: For the reasons stated in the attached Memorandum & Order, Defendant Hansard's motion to dismiss Plaintiffs' claims against him, pursuant to Federal Rule of Civil Procedure 12(b)(6), is granted. Plaintiffs' claims are dismissed as to Hansard for failure to state a claim upon which relief can be granted. The Clerk of Court respectfully is directed to terminate Defendant Hansard from this matter. Ordered by Judge Pamela K. Chen on 9/24/2014. (Doerr, Mark)
August 5, 2016
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ORDER granting 145 Motion for Default Judgment; granting 178 Motion for Default Judgment: For the reasons stated in the attached Memorandum & Order, the Court GRANTS Plaintiffs' motions for default judgment against Defendants Vannguard, Local, and the Partnership Corporations and deems them jointly and severally liable for the FLSA and NYLL violations alleged in Plaintiffs' Third Amended Complaint. However, the Court reserves any damages inquest, pursuant to Rule 55(b)(2), as to these defaulting Defendants, pending resolution of the liability of the non-defaulting Defendant, Arthur Niles. Should Niles also be deemed liable, the Court shall consolidate the damages inquest as to the defaulting Defendants into any damages determination, at trial or otherwise, as to Niles. Ordered by Judge Pamela K. Chen on 8/5/2016. (Levanon, Neta)
December 13, 2016
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MEMORANDUM AND ORDER: For the reasons in the attached, Plaintiffs' 160 motion for a Temporary Restraining Order and Preliminary Injunction is DENIED. However, the Court orders the remaining assets of the Vannguard Entities RESTRAINED pursuant to CPLR § 5229. The Court further orders attachment pursuant to CPLR § 6201(3) of: (i) all of Defendant Niles's assets; (ii) all money transferred from any Defendant to Thomas Hansard, Jr. after the filing of this lawsuit; (iii) all money transferred from any Defendant to C & L Boiler Corp. after the filing of this lawsuit; and (iv) all money transferred from any Defendant to Andre Soleil after the filing of this lawsuit. The Court attaches these assets pending proof from these persons and entities, which shall be submitted within forty-five (45) days, that the money was transferred to them for legitimate purposes or to pay for services rendered. Ordered by Judge Pamela K. Chen on 12/13/2016. (Gregorio, Heather)
March 27, 2018
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ORDER granting 269 Motion for Default Judgment: The Court grants Plaintiffs' motion for a default judgment against Defendant Niles and dismisses Defendants' counterclaims against Sonya Coley. The Court previously granted Plaintiffs' motion for default judgment against Defendants Vannguard, Local, and the Partnership Corporations. Based, in part, on its prior ruling 220 the Court finds that Plaintiffs are entitled to recover damages under the FLSA and NYLL against Defendants. The Court has consolidated the damages inquest as to Defendants and finds that Plaintiffs are entitled to a total damages amount of $929,973.07, as to which Defendants are jointly and severally liable. Judgment is granted in Plaintiffs favor, and this matter is hereby terminated. Ordered by Judge Pamela K. Chen on 3/27/2018. (Rediker, Ezekiel)
March 29, 2018
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AMENDED ORDER granting 269 Motion for Default Judgment: The Court grants Plaintiffs' motion for a default judgment against Defendant Niles and dismisses Defendants' counterclaims against Sonya Coley. The Court previously granted Plaintiffs' motion for default judgment against Defendants Vannguard, Local, and the Partnership Corporations. Based, in part, on its prior ruling 220 the Court finds that Plaintiffs are entitled to recover damages under the FLSA and NYLL against Defendants. The Court has consolidated the damages inquest as to Defendants and finds that Plaintiffs are entitled to a total damages amount of $929,973.07, as to which Defendants are jointly and severally liable. Judgment is granted in Plaintiffs' favor, and this matter is hereby terminated. Amended to reflect a change on page 24 regarding the New York Legislature's passage of a bill concerning the amount a plaintiff can recover under the NYLL. Ordered by Judge Pamela K. Chen on 3/29/2018. (Rediker, Ezekiel)