ORDER: As explained in the attached Memorandum & Order, Plaintiffs' 74 motion for attorneys' fees and costs is granted in part and denied in part, and Plaintiffs are awarded $35,793.75 in reasonable attorneys' fees and $460.50 in reasonable costs. Ordered by Judge Pamela K. Chen on 6/28/2021. (Nguyen, Andrew)
ORDER: Defendants' 76 motion to reopen the case is denied. This case is not administratively closed, as defense counsel appears to believe, but rather is closed because final judgment was entered on January 8, 2021. (See Dkt. 72 .) As the Court's order on January 7, 2021 indicates, in light of the Court's orders on April 2, 2020 (Dkt. 61 ), and December 7, 2020 (Dkt. 68 ), and Plaintiff's stipulation of voluntary dismissal (Dkt. 71 ), all claims in this matter have been resolved, and final judgment has accordingly been entered. Defendants provide no valid reason to reopen this case. Ordered by Judge Pamela K. Chen on 5/11/2021. (Nguyen, Andrew)
MOTION for Attorney Fees by 964EAD2, 0C99985, E22F739. (Attachments: # 1 Declaration of Nina A. Ovrutsky, # 2 Memo of Law in Support, # 3 Nina A. Ovrutsky Time, # 4 Michael P. Hilferty Time, # 5 Expenses) (Ovrutsky, Nina)
ORDER: Plaintiffs shall file both parties' motion papers with respect to the motion for attorneys' fees by 3/19/2021. If Defendants have not served Plaintiffs with their response to the motion by that date, the motion shall be deemed unopposed. Ordered by Judge Pamela K. Chen on 3/12/2021. (Nguyen, Andrew)
CLERK'S JUDGMENT, that Plaintiffs' retaliation claim under the FLSA and NYLL (claims four and five in the Complaint) and adequate records claim under the NYLL (claim six in the Complaint) are dismissed without prejudice; that in accordance with the Court's orders on April 2, 2020 (Dkt. 61), and December 7, 2020 (Dkt. 68), Plaintiffs are awarded judgment in a total amount of $59,587; and that pursuant to the Court's December 9, 2020 Order, Plaintiffs shall have until February 5, 2021, to file a motion for attorney's fees, and Defendants shall have until March 8, 2021, to respond to such motion. Signed by Douglas C. 0C99985, Clerk of Court, by J. Poveda, Deputy Clerk on 1/8/2021. (Layne, Monique)
ORDER: In light of Plaintiffs' 71 stipulation of voluntary dismissal, and pursuant to Federal Rule of Civil Procedure 41(a)(2), the Court dismisses without prejudice Plaintiffs' retaliation claim under the FLSA and NYLL (claims four and five in the Complaint) and adequate records claim under the NYLL (claim six in the Complaint). In accordance with the Court's orders on April 2, 2020 (Dkt. 61 ), and December 7, 2020 (Dkt. 68 ), Plaintiffs are awarded judgment in a total amount of $59,587 on their overtime and unpaid wages claims under the FLSA and NYLL (claims one, two, and three in the Complaint). The Clerk of Court is respectfully directed to enter judgment accordingly and close this case. Pursuant to the Court's December 9, 2020 Order, Plaintiffs shall have until February 5, 2021, to file a motion for attorney's fees, and Defendants shall have until March 8, 2021, to respond to such motion. Ordered by Judge Pamela K. Chen on 1/7/2021. (Nguyen, Andrew)
ORDER: Plaintiffs shall file the stipulation described in their 70 letter dated December 21, 2020, within thirty (30) days, by January 22, 2021. Ordered by Judge Pamela K. Chen on 12/23/2020. (Nguyen, Andrew)
ORDER granting 69 Motion for Extension of Time to File: Plaintiffs may file a motion for attorney's fees by February 5, 2021. Defendants shall have until March 8, 2021, to respond to any such motion. Ordered by Judge Pamela K. Chen on 12/9/2020. (Nguyen, Andrew)
ORDER: Plaintiffs shall file a letter by December 21, 2020, advising the Court whether they intend to pursue their retaliation claim under the FLSA and NYLL and adequate records claim under the NYLL. If so, Plaintiffs should explain how they intend to overcome the deficiencies noted by the Court in the April 2, 2020, decision denying Plaintiffs' summary judgment motion on these claims. (See Dkt. 61 at 28-32.) Ordered by Judge Pamela K. Chen on 12/7/2020. (Nguyen, Andrew)
ORDER: For the reasons set forth in the attached Memorandum & Order, Plaintiffs' 66 supplemental motion for summary judgment as to damages is granted, and Plaintiffs are awarded judgment in a total amount of $59,587. This total amount represents $2,164.16 in unpaid wages and overtime pay plus $2,164.16 in liquidated damages for Plaintiff 964EAD2; $18,522.66 in unpaid wages and overtime pay plus $18,522.66 in liquidated damages for Plaintiff 0C99985; and $9,106.68 in unpaid wages and overtime pay plus $9,106.68 in liquidated damages for Plaintiff E22F739. Defendants are jointly and severally liable for these damages. Within thirty (30) days of this Order, Plaintiffs may file a motion for an award of reasonable attorney's fees and expenses, along with proof of such fees and expenses. Defendants shall have thirty (30) days to respond to any such motion. Ordered by Judge Pamela K. Chen on 12/7/2020. (Nguyen, Andrew)
ORDER: As Defendant E5EC511 has not filed a response to Plaintiffs' summary judgment motion on damages, Plaintiffs' motion will be deemed fully briefed and unopposed upon its filing, pursuant to the Court's 7/8/20 Order. Plaintiffs shall file their motion by August 28, 2020. Ordered by Judge Pamela K. Chen on 8/26/2020. (Marks, Miriam)
ORDER: As Defendant E5EC511 has not filed a response to Plaintiffs' summary judgment motion on damages, the Court sua sponte extends his time to do so until August 21, 2020. If Defendant E5EC511 fails to file his response by that time, Plaintiffs' motion will be deemed unopposed. Ordered by Judge Pamela K. Chen on 7/8/2020. (Marks, Miriam)
ORDER: Plaintiffs' 62 Motion for Extension of Time to File is granted. Plaintiffs shall file their motion for summary judgment on damages by June 1, 2020; Defendant E5EC511 shall file a response by July 1, 2020; and Plaintiffs' reply, if any, shall be filed by August 14, 2020. Ordered by Judge Pamela K. Chen on 4/6/2020. (Marks, Miriam)
ORDER: For the reasons set forth in the attached Memorandum and Order, the Court (1) grants Plaintiffs' summary judgment motion as to Defendant E5EC511 liability under the FLSA and NYLL for failure to pay wages and overtime wages, but denies summary judgment on Plaintiffs' request for damages on those claims; (2) grants Plaintiffs' motion for summary judgment as to Defendant E5EC511 liability for liquidated damages under the FLSA and NYLL, but denies summary judgment as to the amount of damages; (3) denies Plaintiffs' summary judgment motion as to retaliation under the FLSA and NYLL; (4) denies Plaintiffs' summary judgment motion as to adequate records under the NYLL; and (5) grants Plaintiffs' motion for default judgment against Defendants Harry's Nurses and Harry's HomeCare, as to liability for unpaid wages, overtime, and liquidated damages under the FLSA and NYLL, but denies default judgment as to their claims against Harry's Nurses and Harry's HomeCare for retaliation under the FLSA and NYLL, and for failure to comply with the NYLL records requirements. The Court defers the award of damages as to Defendants Harry's Nurses and Harry's HomeCare until after further summary judgment briefing or a damages trial as to Defendant E5EC511. In light of the above findings, the Court encourages Plaintiffs to consider pursuing, via a supplemental summary judgment motion, damages using a regular rate of pay of $19.00/hour and overtime rate of $28.50/hour, rather than proceeding to trial on damages. The Court grants Plaintiffs leave to renew their motion for summary judgment based on damages for their unpaid wages, overtime pay, and liquidated damages claims, as to which Defendants have been found liable as a matter of law, within thirty (30) days from the date of this Memorandum and Order. Should Plaintiffs opt not to do so, the parties shall file a joint pre-trial order, in anticipation of a damages trial, that complies with the Court's Individual Rules within sixty (60) days from the date of this Memorandum and Order. Ordered by Judge Pamela K. Chen on 4/2/2020. (Marks, Miriam)
MEMORANDUM in Opposition filed on behalf of pro-se Defendant E5EC511 filed by All Plaintiffs. (Attachments: # 1 Exhibit Superior Care Audit, # 2 Exhibit Judgment Brock, et al., v. Superior Care, et al.,, # 3 Exhibit Summonses Crouch et al., v. Guardian Angel Nursing et al.,; Christie et al., v. Guardian Angel Nursing, # 4 Exhibit Article, # 5 Exhibit DOL wage dispute/investigation documents, # 6 Exhibit DOL investigation outcome, # 7 Exhibit Plaintiffs' W-2, # 8 Exhibit Portal-pay statute) (Ovrutsky, Nina)
ORDER: This Court acknowledges that defendant E5EC511 submitted his Affidavit in a timely manner. Defendant's affidavit was submitted to the Clerk's Office on 8/29/2019, which was electronically filed on 9/4/2019. Ordered by Judge Pamela K. Chen on 9/6/2019. (Abdallah, Fida)
Filed: 8/30/2019, Entered: 8/30/2019
ORDER: Defendant has failed to file a copy of a cover letter confirming service of its opposition brief by the deadline set forth in the Court's July 9, 2019 scheduling order. Defendant shall do so by September 5, 2019. To the extent Defendant has not yet served its opposition brief, the Court extends the deadline for Defendant to do so until September 5, 2019. The September 29, 2019 deadline for Plaintiffs to serve and file their reply remains in effect. Ordered by Judge Pamela K. Chen on 8/30/2019. (Nadig, Alok)
AFFIDAVIT in Support of Defendant's Motion to Oppose the Plaintiff's Motion for Summary Judgment filed by E5EC511, Harry's HomeCare, Inc., and Harry's Nurses Registry. (Attachments: # 1 Exhibit A and Exhibit B, # 2 Summary of Unpaid Wages, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit G, # 7 Exhibit I) (Love, Alexis)
ORDER granting 54 Motion for Extension of Time to File: (1) Plaintiffs shall serve their motion for summary judgment and memorandum of law in support by July 29, 2019; (2) Defendant shall serve their memorandum of law in opposition by August 29, 2019; and (3) Plaintiffs may serve and file their reply, if any, by September 29, 2019. Ordered by Judge Pamela K. Chen on 7/9/2019. (Abdallah, Fida)
ORDER: The Court sets the following briefing schedule on Plaintiffs' motion for summary judgment: (1) Plaintiffs shall serve their motion for summary judgment and memorandum of law in support by July 12, 2019; (2) Defendants shall serve their memorandum of law in opposition by August 12, 2019; and (3) Plaintiffs may serve and file their reply, if any, by September 12, 2019. As a courtesy to the Court, the parties are encouraged to not file their motion papers until the motion is fully briefed. If the parties follow this practice, the motion and any accompanying memoranda of law are to be served on the other party along with a cover letter setting forth whom the attorney represents and the papers being served. The parties should electronically file only a copy of the cover letter as a letter, not as a motion. On the day the motion is fully briefed, in this case September 12, 2019, each party should electronically file its motion papers. Ordered by Judge Pamela K. Chen on 6/6/2019. (Nadig, Alok)
ORDER: Defendants have failed to respond to Plaintiffs' pre-motion conference letter 52 , as required by Rule 3.A of this Court's individual rules. The Court denies the request for a pre-motion conference as unnecessary, grants Plaintiffs leave to file their anticipated motion for summary judgment, and directs Plaintiffs to propose a briefing schedule on said motion by June 5, 2019. Ordered by Judge Pamela K. Chen on 5/29/2019. (Nadig, Alok)
ORDER: The Court defers ruling on Plaintiffs' default judgment motion [48, 49] until the case against the sole remaining Defendant, E5EC511, is resolved either by dispositive motion or at trial. (See 5/15/19 Docket Order of the Honorable Peggy Kuo). Ordered by Judge Pamela K. Chen on 5/16/2019. (Abdallah, Fida)
Filed: 5/16/2019, Entered: 5/16/2019
ORDER re 51 Letter filed by 0C99985, 964EAD2, E22F739: The request to correct the ECF filing event for Dkt #48 from a Motion for Declaratory Judgment to a Motion for Default Judgment is granted. The Clerk of Court is respectfully directed to correct the ECF filing event. Ordered by Judge Pamela K. Chen on 5/16/2019. (Abdallah, Fida)
Filed: 5/15/2019, Entered: 5/15/2019
ORDER: The Court has reviewed the parties' submissions concerning Plaintiffs' request for sanctions and Defendant's opposition thereto, at 39 , 40 , 41 , 42 , 43 , 44 , and 45 . Although the Court recognizes that Defendants have been deficient in fulfilling their discovery obligations, the Court denies the sanctions suggested at 39 , without prejudice to Plaintiffs, who may seek a default judgment against the corporate defendants pursuant to Fed. R. Civ. P. 55, request to preclude Defendant from presenting specific evidence at trial through motions in limine, and raise the lack of a genuine issue as to any material fact at the dispositive motion stage or at trial. Since discovery is now closed, any party seeking to file a dispositive motion must file a letter request for a pre-motion conference by May 22, 2019. If the parties do not seek to file a dispositive motion, they must file their pre-trial orders pursuant to Judge Chen's Individual Rules by June 28, 2019. Ordered by Magistrate Judge Peggy Kuo on 5/15/2019. (Prentice, Amanda)
DECLARATION in support of motion for default judgment by 964EAD2, 0C99985, E22F739 (Attachments: # 1 pleadings, # 2 case law, # 3 served discovery, # 4 damages calculations, # 5 clerk's certificate of default) (Ovrutsky, Nina)
First MOTION for Declaratory Judgment--Motion for Default Judgment by 964EAD2, 0C99985, E22F739. (Attachments: # 1 Memorandum in Support) (Ovrutsky, Nina) Modified on 5/16/2019 to correct ECF filing event. See Order dated 5/16/2019. (Abdallah, Fida)
Clerk's ENTRY OF DEFAULT It appearing from the docket maintained in this action that defendant Harry's HomeCare, Inc., Harry's Nurses Registry has failed to appear or otherwise defend this action, the default of defendant Harry's HomeCare, Inc., Harry's Nurses Registry is hereby noted pursuant to Rule 55a of the Federal Rules of Civil Procedure. (Poveda, J.)
Request for Certificate of Default by 964EAD2, 0C99985, E22F739 (Attachments: # 1 Declaration in support of request for certificate of default, # 2 propose certificate of default) (Ovrutsky, Nina)
NOTICE re 44 Letter / DEFENDANTS' OPPOSITION TO PLAINTIFFS' LETTER DATED MARCH 15, 2015. (Herrera, Isaiah) (Main Document 45 replaced on 4/17/2019) (Love, Alexis).
ORDER certifying the close of discovery. If Defendant E5EC511 opposes Plaintiffs' Letter at 44 , he must file an opposition by April 15, 2019, identifying specific answers and documents produced at 42 and 43 that refute the allegations that Plaintiffs request this Court to deem admitted. Defendant may not generally refute each point. Rather, for each of the 47 points raised in Plaintiff's Letter at 44 which he refutes, Defendant must cite to specific pages of specific documents produced at 42 and 43 , using the unique identifying number "PageID #" found in the top right hand corner of each page of the docket filing. If no such citation is included to support the refutation of a point, that point will be deemed admitted. (Copy of minute Order mailed to pro se Defendant E5EC511 at 88-25 163rd Street, Jamaica NY 11432)Ordered by Magistrate Judge Peggy Kuo on 3/22/2019. (Besingi, Pembe)
ORDER: In light of Defendant's letter filed at 40 , Defendant E5EC511 is directed to file, by March 8, 2019, a list of the documents and interrogatory responses he stated that he mailed to Plaintiffs' counsel in compliance with the Court's January 18, 2019 Order. Plaintiffs are directed to file, by March 15, 2019, a list of all facts that should be deemed admitted in light of the deficient discovery responses. (Copy of Order mailed to pro se Defendant E5EC511 at 88-25 163rd Street, Jamaica NY 11432) Ordered by Magistrate Judge Peggy Kuo on 2/27/2019. (Besingi, Pembe)
ORDER TO SHOW CAUSE: In light of Plaintiffs' letter at 38 , Defendant E5EC511 is ordered to show cause, by February 20, 2019, why sanctions should not be imposed against him for his failure to comply with the Court's January 18, 2019 order that he comply fully with his discovery obligations. Plaintiffs are granted leave to file, by February 20, 2019, suggested sanctions for the Court's consideration. (Copy of order mailed to pro se Defendant E5EC511 at 88-25 163rd Street, Jamaica NY 11432.) Ordered by Magistrate Judge Peggy Kuo on 2/6/2019. (Besingi, Pembe)
Minute Entry for proceedings held before Magistrate Judge Peggy Kuo. Motion Hearing held on 1/18/2019. Attorney Nina Alexandra Ovrutsky for Plaintiffs. Defendant E5EC511 ("Defendant") (incorrectly named as Harry Dorvilien) appeared pro se. Defendants Harry's Nurses Registry and Harry's HomeCare, Inc. did not appear. The parties were heard on 35 Plaintiffs' Motion for Order to Show Cause and 36 Defendant's Motion to Remand to State Court. Defendant's motion 36 was denied. Defendant was instructed that any jurisdictional arguments are more appropriately raised in a motion for summary judgment after discovery closes. Plaintiffs' motion 35 was granted. The Court notes that although Defendant missed his initial and extended deadlines to respond to Plaintiffs' discovery requests, the Court grants him one last chance to comply fully with his discovery obligations. Defendant is directed to answer Plaintiffs' July 9, 2018 interrogatories and production requests by February 1, 2019. Defendant is also directed to produce his fact and expert witness list to Plaintiffs by February 1, 2019. The Court gave Defendant detailed instructions on proper compliance with all his discovery obligations, and he indicated that he understood them. Failure to comply with the Court's order may result in sanctions against Defendant. If Defendant's responses raise new issues, Plaintiffs may request additional relevant discovery and seek a brief extension of time to complete them. The parties are directed to jointly certify the close of discovery after Defendant has fully responded to Plaintiffs' requests. Within two weeks after that certification, the parties may request a pre-motion conference with the Honorable Pamela K. Chen for any dispositive motions. Defendant was directed to seek the assistance of the Federal Pro Se legal Assistance attorneys if he has any questions.The Clerk's Office is respectfully directed to modify the case caption to reflect Defendant E5EC511 correct name. (Copy of minute Order mailed to pro se Defendant E5EC511 at 88-25 163rd Street, Jamaica NY 11432). (FTR Log #11:01-11:37.) (Besingi, Pembe)
Filed: 1/17/2019, Entered: 1/18/2019
MOTION REFERRED: 36 Letter MOTION to Remand to State Court. Motion referred to M.J. Peggy Kuo. See Judge Chen's 1/17/2019 Order. (Barrett, C)
Filed: 1/17/2019, Entered: 1/17/2019
ORDER: The Court construes pro se Defendant Harry Dorvilien's letter dated January 11, 2019, addressed to Chief Judge Dora L. Irizarry 36 , as motion to remand this action to state court, and respectfully refers that motion to the Honorable Peggy Kuo. Ordered by Judge Pamela K. Chen on 1/17/2019. (Nadig, Alok) Modified on 1/17/2019 to correct typographical error. (Abdallah, Fida)
Letter dated 1/11/2019 to Chief Judge Irizarry from E5EC511, Pro Se requesting that 1:07-cv-04672-(NGG)(PK), CLAUDIA GAYLE v. HARRY'S NURSES REGISTRY, 1:16-cv-2218(FB)(SMG), ROSELYN ISIGI against E5EC511 and HARRY'S NURSES REGISTRY and 1:17-cv-06350(PKC)(PK), 964EAD2, 0C99985, and E22F739 vs. HARRY NURSES REGISTRY, HARRY HOME CARE INC., AND E5EC511 be litigated in state court instead of federal court. (Attachments: # 1 Exhibit) (Lee, Tiffeny) Modified on 1/18/2019 to update event to motion to remand to state court, see Judge Chen's 1/17/2019 Order. (Barrett, C).
SCHEDULING ORDER: A Motion Hearing is scheduled for January 18, 2019 at 11:00 a.m. in Courtroom 11C South before Magistrate Judge Peggy Kuo, regarding Plaintiffs' 35 Motion for Order to Show Cause. (Copy of minute Order mailed to pro se defendant Harry Dorvilien at 88-25 163rd Street, Jamaica NY 11432) Ordered by Magistrate Judge Peggy Kuo on 1/9/2019. (Besingi, Pembe)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of EXAMINATION BEFORE TRIAL of the Plaintiff, E22F739, taken by the Defendant, held on December 10, 2018, 1:45 P.M. (Lee, Tiffeny)
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of EXAMINATION BEFORE TRIAL of the Plaintiff, Velma Palmer-Gadsden, taken by the Defendant, held on December 10, 2018, 12:35 P.M. (Lee, Tiffeny) Modified to correct named plaintiff on 1/8/2019 (Lee, Tiffeny).
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of EXAMINATION BEFORE TRIAL of the Plaintiff, 964EAD2, taken by the Defendant, held on December 10, 2018, 10:41 A.M. (Lee, Tiffeny)
ORDER TO SHOW CAUSE: The parties are ordered to show cause by January 10, 2019 for their failure to certify the close of discovery by December 21, 2018, as directed in the November 2, 2018 Minute Entry. In addition, Defendant Dorvilien is ordered to show cause by January 10, 2019 for his failure to file a letter via ECF, by December 21, 2018, identifying his anticipated expert and the expert's anticipated testimony, as directed in the November 2, 2018 Minute Entry. Ordered by Magistrate Judge Peggy Kuo on 12/27/2018. (Besingi, Pembe) Modified on 12/27/2018 to reflect that a copy of the order was mailed to pro se defendant Harry Dorvilien at 88-25 163rd Street, Jamaica NY 11432. (Besingi, Pembe)
Filed: 12/11/2018, Entered: 12/11/2018
ORDER: Defendant Dorvilien is reminded of his obligation to comply with the Court's order to respond to Plaintiffs' discovery requests. In addition, he is reminded of his obligation to complete discovery by December 21, 2018. Even though Defendant Dorvilien is a pro se defendant, continued failure to comply with the Court's orders will result in sanctions. (Copy of minute Order mailed to pro se defendant Harry Dorvilien at 88-25 163rd Street, Jamaica NY 11432)Ordered by Magistrate Judge Peggy Kuo on 12/11/2018. (Besingi, Pembe)
Minute Entry for proceedings held before Magistrate Judge Peggy Kuo. Motion Hearing held on 11/02/2018. Attorney Nina Alexandra Ovrutsky for Plaintiffs. Defendant Harry Dorvilien appeared pro se. Defendants Harry's Nurses Registry and Harry's HomeCare, Inc. did not appear. The parties were heard on 27 Plaintiffs' Motion for Sanctions, which was denied. The parties are directed to exchange their final discovery requests by November 9, 2018 and responses by November 27, 2018. The parties are directed to schedule depositions for the first week of December, or as soon as possible. Plaintiffs' counsel is directed to file the deposition schedule via ECF once the dates are confirmed. Defendant Dorvilien is directed to appear for his deposition and answer questions asked by Plaintiffs' counsel. Defendant Dorvilien stated that he intends to present an expert witness from the Department of Labor. He is directed to file a letter via ECF, by December 21, 2018, identifying the anticipated expert and the expert's anticipated testimony. The deadline for the parties to certify the close of discovery is extended to December 21, 2018.Defendant Dorvilien indicated that he wants to register for electronic notification and was directed to make his request with the Clerk's office. Defendant Dorvilien was again advised that, as a non-lawyer, he may not represent a corporate defendant in Federal court and by continually failing to appear by counsel, Harry's Nurses Registry and Harry's HomeCare, Inc. could be considered to be in default in this case. He was reminded of his obligation to comply with all Court orders and deadlines. (Copy of minute Order mailed to pro se defendant Harry Dorvilien at 88-25 163rd Street, Jamaica NY 11432). (FTR Log #11:05-11:43.) (Besingi, Pembe)
MEMORANDUM in Support re 27 MOTION for Sanctions filed by All Plaintiffs. (Attachments: # 1 Discovery Motion, # 2 Served Discovery Requests, # 3 Notice of Deposition, # 4 Invoice for Deposition) (Ovrutsky, Nina)
ORDER: A hearing on the Motion for Sanctions at 27 is set for November 2, 2018 at 11:00 a.m. in Courtroom 11C South before Magistrate Judge Peggy Kuo. Defendant Harry Dorvilien must appear in person at the hearing. (Copy of Order mailed to pro se defendant Harry Dorvilien at 88-25 163rd Street, Jamaica NY 11432). Ordered by Magistrate Judge Peggy Kuo on 10/18/2018. (Besingi, Pembe)
MOTION for Discovery by 964EAD2, 0C99985, E22F739. (Ovrutsky, Nina) Modified on 10/18/2018 to reflect that this is a motion for sanctions. (Besingi, Pembe).
SELECTION OF MEDIATOR 4DAB0E3 as Mediator. The first mediation session will take place on October 10, 2018 at 10:00am at the EDNY Brooklyn Courthouse in rooms 302N and 303S. Fourteen days on or before the session date, counsel shall file with the Mediator their client's mediation statement summarizing the facts, legal issues, particulars of any prior settlement discussions, and the name and title of the client or client representative with full settlement authority who will attend the mediation in person. Attendance in person is required of the trial attorney, insurance adjuster, and client or client representative with full settlement authority. The Confidentiality Stipulation must be signed at the mediation session by all participants and the Mediator and returned to Robyn Weinstein, ADR Administrator, Robyn_Weinstein@nyed.uscourts.gov or fax (718) 613-2333. Contact information for the Mediator is on the docket sheet. Upon completion of the mediation, both parties must submit a Mediation Report which can be found at: https://www.nyed.uscourts.gov/adr-forms. The Mediation Report must be e-mailed to Robyn Weinstein at Robyn_Weinstein@nyed.uscourts.gov within two weeks following mediation session.Report of Mediation due by 10/24/2018. (Weinstein, Robyn)
Filed: 9/7/2018, Entered: 9/7/2018
ORDER REFERRING CASE to Mediation: This case is referred to the EDNY Court- Annexed Mediation to be completed by October 31, 2018. The parties are directed to file a joint status report by November 2, 2018 regarding the result of mediation. Ordered by Magistrate Judge Peggy Kuo on 9/7/2018. (Riquelme, Claudia)
Filed: 9/5/2018, Entered: 9/5/2018
ORDER: In light of Defendants' Letter at 25 and Plaintiffs' Letter at 26 , the Court's September 4, 2018 Order is vacated.Ordered by Magistrate Judge Peggy Kuo on 9/5/2018. (Besingi, Pembe)
ORDER: In light of Plaintiffs' letter at 24 , this case will not be referred to mediation.Ordered by Magistrate Judge Peggy Kuo on 9/4/2018. (Besingi, Pembe) Modified on 9/4/2018(Copy of minute Order mailed to pro se defendant Harry Dorvilien at 88-25 163rd Street, Jamaica NY 11432). (Besingi, Pembe).
Minute Entry for proceedings held before Magistrate Judge Peggy Kuo. Status Conference held on 08/08/2018. Attorney Sonia Elizabeth Hanson for Plaintiffs. Defendant Harry Dorvilien appeared pro se. Defendants Harry's Nurses Registry and Harry's HomeCare, Inc. did not appear. Defendant Harry Dorvilien stated that he still does not have counsel, but plans to retain one. Defendant Dorvilien was again advised that, as a non-lawyer, he may not represent a corporate defendant in Federal court and by continually failing to appear by counsel, Harrys Nurses Registry and Harry's HomeCare, Inc. could be considered to be in default in this case. Plaintiffs stated, referencing their letter at 23 , that they plan to move for default judgment against the defendant entities, but the parties are open to mediation. The parties are directed to file a joint status report, by August 31, 2018, stating whether the case should be referred to mediation and whether they agree to use Mediator, 4DAB0E3. Plaintiffs stated that they served initial document requests and interrogatories on Defendant Dorvilien on July 9, 2018, but had not received the same from him. The deadline for Defendant Dorvilien to serve initial document requests and interrogatories on Plaintiff is extended to September 7, 2018. The deadline for the Defendant to respond to Plaintiff's requests and interrogatories is extended to September 21, 2018. The deadline for the parties to certify the close of discovery is extended to November 30, 2018.The parties are reminded to adhere to the Courts rules and deadlines, filing any requests for extensions of time before a deadline passes. Plaintiffs were directed to mail copies of all filings directly to pro se Defendant. (Copy of minute Order mailed to pro se defendant Harry Dorvilien at 88-25 163rd Street, Jamaica NY 11432). (FTR Log #10:33-10:58.) (Besingi, Pembe)
Minute Entry for proceedings held before Magistrate Judge Peggy Kuo. Status Conference held on 06/19/2018. Attorney Nina Alexandra Ovrutsky for Plaintiffs. Defendant Harry Dorvilien appeared pro se. Defendants Harry's Nurses Registry and Harry's HomeCare, Inc. did not appear. Defendant Harry Dorvilien stated that he is still looking for new counsel. The Court noted that the June 5, 2018 deadline for retaining new counsel has passed, and discovery must proceed. Defendant Dorvilien was advised again that, as a non-lawyer, he may not represent a corporate defendant in Federal court. He was also advised that, even though he believes that his prior cases, Gayle v. Harry's Nurses Registry, Inc. et. al., 07-CV-4672, and Isigi v. Harry's Nurses Registry et. al., are not yet concluded, they do not prevent the current case from proceeding. Defendant Dorvilien stated that his prior counsel has not yet turned over the file in this case and has not sent him an invoice for outstanding legal fees. The Court advised him to reach out to prior counsel to resolve those issues and make any necessary payments. The parties are directed to serve initial document requests and interrogatories on each other by July 19, 2018, and to respond to the requests and interrogatories by August 20, 2018. All discovery must be completed by October 19, 2018. A Status Conference is scheduled for August 8, 2018 at 10:00 a.m. in Courtroom 11C South before Magistrate Judge Peggy Kuo. If no counsel has filed an appearance by then, Defendant must attend. (Copy of minute Order mailed to pro se defendant Harry Dorvilien at 88-25 163rd Street, Jamaica NY 11432). (FTR Log #10:13-10:29.) (Besingi, Pembe)
Filed: 4/18/2018, Entered: 4/18/2018
ORDER: Defendant's Motion to Stay 21 is denied. Ordered by Magistrate Judge Peggy Kuo on 4/18/2018. (Copy of Order mailed to pro se defendant Harry Dorvilien at 88-25 163rd Street, Jamaica NY 11432.) (Syed, Sofie)
Motion to Stay dated 4/10/2018 to Judge Garaufis from E5EC511, Pro Se in response to counsel's letter dated 2/22/2018 in reference to "Satisfaction of Judgment," and, requesting the court's intervention in 1:16-cv-2218(FB)(SMG) and 1:17-cv-6350(PKC)(PK). (Attachments: # 1 Federal Fake, # 2 State) (Lee, Tiffeny) Modified on 4/18/2018 to reflect Motion (Syed, Sofie).
Minute Entry for proceedings held before Magistrate Judge Peggy Kuo. Motion Hearing Held held on 4/6/2018. Attorney Sonia Elizabeth Hanson appeared on behalf of plaintiffs. Attorney Michael K. Chong appeared on behalf of defendants. Individual Defendant Harry Dorvilien was also present. Defendant Dorvilian stated his belief that cases 07cv4672 (NGG)(MDG) Gayle v. Harry's Nurses Registry, Inc. et. al. and 16cv2218 (FB)(SMG) Isigi v. Harry's Nurses Registry et. al. both of which are closed, have an impact on this case. For the reasons stated on the record, Defendant's Motion to withdraw filed at 16 is GRANTED, and Mr. Michael Chong is terminated from this case. By June 5, 2018 Defendants must retain new counsel, and new counsel must file a notice of appearance via ECF. Individual Defendant Harry Dorvilien was advised that, even though he may represent himself if he does not retain new counsel, the corporate Defendant must be represented by counsel. The Court directed Plaintiff's counsel to ensure that the mediation scheduled for April 13, 2018 is cancelled in light of defense counsel withdrawing from this case. A status conference is scheduled for June 19, 2018 at 10:00 am in Courtroom 11C South before Magistrate Judge Peggy Kuo. (Copy of minute Order mailed to pro se defendant Harry Dorvilien at 88-25 163rd Street, Jamaica NY 11432). (FTR Log #2:22-2:59.) (Riquelme, Claudia)
ORDER granting 17 Motion to Adjourn Conference. The Motion Hearing set for April 4, 2018 is rescheduled to April 6, 2018 at 02:00 PM in Courtroom 11C South before Magistrate Judge Peggy Kuo. Defendant Harry Dorvilien must appear in person at the hearing. Counsel Michael Chong is directed to serve this Order on Defendant Dorvilien. Ordered by Magistrate Judge Peggy Kuo on 4/2/2018. (Riquelme, Claudia)
ORDER: A hearing on the Motion to Withdraw as Attorney 16 is set for April 4, 2018 at 11:30 a.m. in Courtroom 11C South before Magistrate Judge Peggy Kuo. Defendant Harry Dorvilien must appear in person at the hearing. Counsel Michael Chong is directed to serve this Order on Defendant Dorvilien. Ordered by Magistrate Judge Peggy Kuo on 3/29/2018. (Syed, Sofie)
SELECTION OF MEDIATOR 4DAB0E3 selected as Mediator. The first mediation session will take place on April 13, 2018 at 11:00am in rooms 302S and 402S at the EDNY Brooklyn Courthouse 225 Cadman Plaza East Brooklyn, NY. Fourteen days on or before the session date, counsel shall file with the Mediator their client's mediation statement summarizing the facts, legal issues, particulars of any prior settlement discussions, and the name and title of the client or client representative with full settlement authority who will attend the mediation in person. Attendance in person is required of the trial attorney, insurance adjuster, and client or client representative with full settlement authority. The Confidentiality Stipulation must be signed at the mediation session by all participants and the Mediator and returned to Robyn Weinstein, ADR Administrator, Robyn_Weinstein@nyed.uscourts.gov or fax (718) 613-2333. Contact information for the Mediator is on the docket sheet. Upon completion of the mediation, both parties must submit a Mediation Report which can be found at: https://www.nyed.uscourts.gov/adr-forms. The Mediation Report must be e-mailed to Robyn Weinstein at Robyn_Weinstein@nyed.uscourts.gov within two weeks following mediation session.Report of Mediation due by 4/20/2018. (Weinstein, Robyn) Modified on 3/22/2018 (Weinstein, Robyn).
Filed: 2/7/2018, Entered: 2/7/2018
MEDIATION INSTRUCTIONS for Counsel are available at: https://www.nyed.uscourts.gov/adr-forms. Counsel are to select a mediator, schedule the first mediation session, and file the name of the mediator, date, time and place of the first mediation session via CM/ECF using the event Selection of Mediator. For a list of the EDNY Mediators and their qualifications, see the Court's website at https://www.nyed.uscourts.gov/adr/Mediation/displayAll.cfm. EDNY Mediators are compensated in accordance with EDNY Local Civil Rule 83.8(f)(1)[formerly EDNY Local Civil Rule 83.11(f)(1)]. The Confidentiality Stipulation must be signed at the mediation session by all participants, including the mediator, and sent via email to Robyn_Weinstein@nyed.uscourts.gov. The Confidentiality Stipulation is available at: https://www.nyed.uscourts.gov/adr-forms. Upon completion of the mediation, both parties must submit a Mediation Report which can be found at: https://www.nyed.uscourts.gov/adr-forms. The Mediation Report must be e-mailed to Robyn Weinstein at Robyn_Weinstein@nyed.uscourts.gov within two weeks following mediation session. (Weinstein, Robyn)
Filed: 1/25/2018, Entered: 2/7/2018
Minute Entry for proceedings held before Magistrate Judge Peggy Kuo. Initial Conference held on 1/25/2018. Attorney Nina Alexandra Ovrutsky appeared on behalf of plaintiffs. Attorney Michael K. Chong appeared on behalf of defendants Harry's Nurses Registry and Harry Dorvilien. Defense counsel stated that he understands that Corporate Defendant Harry's HomeCare, Inc., does not exist or it that it may be closed. He will confirm and relay the information to plaintiff's counsel. The parties made an oral request to stay discovery as they are trying to resolve the case and requested that the matter be referred to mediation. That request is granted. This case is referred to Court-Annexed Mediation to be completed by April 25, 2018. The parties are directed to file a joint status report by April 27, 2018 reporting on the outcome of mediation. If the case does not resolve, they must file a revised joint proposed scheduling Order. (FTR Log #2:01-2:13.) (Riquelme, Claudia)
SUMMONS Returned Executed by 964EAD2, E22F739, 0C99985. Harry Dorvilien served on 11/28/2017, answer due 12/28/2017; Harry's HomeCare, Inc. served on 11/28/2017, answer due 12/19/2017; Harry's Nurses Registry served on 11/28/2017, answer due 12/28/2017. (Attachments: # 1 Affidavit) (Crawford, Matthew)
SCHEDULING ORDER: An Initial Conference will be held in this case on January 25, 2018 at 2:00 p.m. before Peggy Kuo, United States Magistrate Judge in Courtroom 11C South of the United States Courthouse, 225 Cadman Plaza East, Brooklyn, New York. All counsel are required to attend. Counsel are directed to the annexed Initial Conference Order for instructions. Counsel are required to bring to the conference a completed copy of the attached Rule 26(f) Conference Checklist, and to file before the conference a completed copy of the attached proposed Initial Scheduling Order, a pdf-fillable version of which may be found at: https://www.nyed.uscourts.gov/pub/PK-schedo.pdf. Any request for adjournment of this or any other conference must be made in writing on notice to opposing parties, and must disclose whether or not all parties consent. No request for adjournment will be considered unless made at least two (2) business days before the scheduled conference, except in the event of an emergency. Ordered by Magistrate Judge Peggy Kuo on 1/4/2018. (Attachments: # 1 Initial Scheduling Order Form, # 2 Conference Checklist) (Riquelme, Claudia) Modified on 2/2/2018 to correct date (Syed, Sofie).
ORDER granting 9 Motion for Extension of Time to Answer. The time for defendants Harry Dorvilien and Harry's Nurses Registry to answer or otherwise respond to the complaint is extended to December 28, 2017. Ordered by Magistrate Judge Peggy Kuo on 11/28/2017. (Riquelme, Claudia)
In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla)
Case assigned to Judge Pamela K. Chen and Magistrate Judge Peggy Kuo. Please download and review the Individual Practices of the assigned Judges, located on our website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Bowens, Priscilla)
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