ORDER ADOPTING REPORT AND RECOMMENDATION ROSLYNN R. MAUSKOPF , District Judge . Plaintiff Dimitrios Lymberatos commenced this wage-and-hour action against NYCO Chemists Inc. ("NYCO I"), NYCO Chemists Inc. II ("NYCO II"), David Schwartz, and Christopher Tsioros, alleging claims under the Fair Labor Standards Act, 29 U.S.C. 201 et seq.; New York Labor Law; and the Declaratory Judgment Act, 28 U.S.C. 2201-02. (Compl. (Doc. No. 1).) Before the Court is a Report and Recommendation ("R&...
MEMORANDUM OF DECISION & ORDER ARTHUR D. SPATT , District Judge . Presently before the Court is a motion by Larry Carpenter ("Carpenter" or the "Defendant"), pursuant to Federal Rule of Criminal Procedure ("FED. R. CRIM. P." or "Rule") 7 and 41, seeking to (1) dismiss Count One and a portion of Count Two of the superseding indictment; (2) suppress two cellular devices; (3) obtain a bill of particulars; and (4) strike the indictment for surplusage. For the following reasons, the Defendant's...
MEMORANDUM & ORDER JOAN M. AZRACK , District Judge . Plaintiff Virgilia Peralta De Gonzalez ("plaintiff" or "De Gonzalez") seeks review of the final determination by the Commissioner of Social Security, reached after a hearing before an administrative law judge, denying plaintiff disability insurance benefits under the Social Security Act. The case is before the Court on the parties' cross-motions for judgment on the pleadings. Because the administrative law judge's decision was supported...
MEMORANDUM AND ORDER I. LEO GLASSER , District Judge . Plaintiff brought this action against Defendant on June 15, 2017. (ECF No. 1 ("Compl.")). Defendant was duly served with the summons and complaint on October 5, 2017 (ECF No. 19-8) but failed to respond to the complaint. On January 2, 2018, the Clerk of the Court issued a Certificate of Default. (ECF No. 18). Presently before the Court is Plaintiff's motion for default judgment pursuant to Fed. R. Civ. P. 55(b)(2). (ECF No. 19)....
Memorandum and Order MATSUMOTO , United States District Judge : Plaintiff United States Equal Employment Opportunity Commission ("EEOC") commenced this action against defendants United Health Programs of America, Inc., and Cost Containment Group, Inc. (collectively, "defendants"), pursuant to Title VII of the Civil Rights Act of 1964 ("Title VII") on behalf of a group of defendants' former employees — Danielle Diaz, Jennifer Honohan, Regina Maldari, Cynthia Pegullo, Elizabeth Safara,...
MEMORANDUM AND ORDER JOAN M. AZRACK , District Judge . Plaintiff Terence C. Powell ("plaintiff"), acting pro se , commenced this action on June 16, 2017 against Lab Corporation 1 ("LabCorp"), Mr. Kevin Napier ("Kevin Napier"), Mrs. Inez Napier ("Inez Napier"), the New York State Unified Court System ("NYSUCS"), National Grid and IBEW Local 1049 (the "Union"), (collectively, "defendants"). Specifically, construing plaintiff's complaint liberally, plaintiff brings claims against all...
ORDER ADOPTING REPORT AND RECOMMENDATION LaSHANN DeARCY HALL , United States District Judge . Plaintiff LG Capital Funding, LLC ("LG Capital"), commenced this action on June 28, 2016, and served Defendant FLASR, Inc. ("FLASR"), on July 22, 2016. ( See Compl., ECF No. 1; Summons, ECF No. 10.) Defendant has since failed to appear or defend itself in this matter in any meaningful way. 1 On November 10, 2016, Plaintiff filed a motion for default judgment. (Mot. Default J., ECF No. 19.) On...
OPINION AND ORDER ALLYNE R. ROSS , District Judge . Three of the defendants in this wage-and-hour lawsuit have moved for summary judgment on plaintiffs' Fair Labor Standards Act (FLSA) claims. In their motion, defendants argue that plaintiffs are not "covered employees" under the terms of the FLSA because plaintiffs' employer, Pho Vietnamese Restaurant, did not earn at least $500,000 in annual gross sales during its years of operation. Because plaintiffs have failed to demonstrate that...
MEMORANDUM DECISION ANDORDER BRIAN M. COGAN , District Judge . Plaintiff brings this action under the Fair Labor Standards Act ("FLSA") and the New York Labor Law ("NYLL"), seeking to represent both a collective and a class of similarly situated employees. Plaintiffs have moved for conditional certification of a putative collective under 216(b) of the FLSA. Plaintiffs' motion is substantially granted for the reasons set forth below. BACKGROUND There are two restaurants named as...
MEMORANDUM DECISION AND ORDER BRIAN M. COGAN , District Judge . This is petitioner's second time seeking habeas corpus relief under 28 U.S.C. 2254 from his conviction on January 7, 2002, for second degree murder and second degree criminal weapons possession, the first having been denied in Williams v. Phillips , No. 05-cv-3557 (E.D.N.Y. Nov. 13, 2007), app. dismissed , No. 07-5557 (2d Cir. June 25, 2008) (the "2005 case"). Petitioner was resentenced in 2017 and respondent therefore...
Not for Publication Opinion & Order ALLYNE R. ROSS , District Judge . The plaintiff, a New York City for-hire-vehicle driver, had his taxicab license summarily suspended after the press reported that he had ejected a same-sex couple from his car. He fought the suspension, and received his license back about a month later, after an administrative law judge credited his version of the facts over his passengers'. Meanwhile, he brought suit against the city, New York City Taxi and Limousine...
MEMORANDUM AND ORDER LASHANN DEARCY HALL , District Judge . Plaintiff Brooklyn Brands LLC commenced this action against Defendant Ethan Lieberman on December 19, 2018. (Compl., ECF No. 1.) Plaintiff asserts claims for misappropriation of trade secrets in violation of the Defend Trade Secrets Act and for breach of fiduciary duty, unfair competition, misappropriation of trade secrets, and tortious interference with current and prospective business relations under New York law. ( Id. ) On...
MEMORANDUM DECISION AND ORDER BRIAN M. COGAN , District Judge . This is an action by the representative of various benefit funds under ERISA, 29 U.S.C. 1145, 1104, and 1109, seeking to collect unpaid fund contributions and dues checkoffs owed by a subcontractor that employed union members covered by the funds. It is before the Court on plaintiffs' motion for a default judgment. The motion is granted. BACKGROUND The unpaid contributions and dues at issue in this case originate from a...
MEMORANDUM OF DECISION & ORDER ARTHUR D. SPATT , United States District Judge . On December 1, 2017, Thomas Sidik ("T. Sidik" or the "Plaintiff") commenced this action individually, as Administrator of the Estate of Kristen A. Sidik ("K. Sidik"), his wife, and on behalf of K.S. and C.S., his two infant children (the "Children"), against Royal Sovereign International Inc., Royal Centurion Inc. (together, the "Royal Defendants"), RS Ningbo, Inc., Royal Sovereign Qingdao a/k/a RS Qingdao (...
MEMORANDUM AND ORDER JOAN M. AZRACK , District Judge . On November 13, 2008, following a jury trial in state court, Ricardo Walters was convicted of four counts of Robbery in the First Degree, four counts of Sexual Abuse in the First Degree, two counts of Criminal Sexual Act in the First Degree, one count of Rape in the First Degree, one count of Kidnapping in the Second Degree, and one count of Attempted Kidnapping in the Second Degree. On January 13, 2008, Walters received an aggregate...
MEMORANDUM & ORDER JACK B. WEINSTEIN , Senior United States District Judge : Table of Contents I. Introduction...200 II. Facts...200 A. Transaction...200 B. Dispute...201 C. Motion to Realign and Dismiss...202 III. Law...202 A. Summary Judgment Standard of Review...202 B. Diversity Jurisdiction...203 C. Antagonism Doctrine...203 IV. Application of Law to Facts...204 A. Plaintiff's Showing of Antagonism...204 B. Importance of Alienage Jurisdiction...204 V. Conclusion...206 I....
MEMORANDUM & ORDER NICHOLAS G. GARAUFIS , District Judge . Plaintiff J&J Sports Productions, Inc. initiated this action on May 3, 2018, asserting claims under Sections 553 and 605 of the Communications Act of 1934 (the "Act"), 47 U.S.C. 553, 605, against Defendants La Parranda Mexicana Bar & Restaurante Co. (the "Defendant Establishment" or "La Parranda") and Cleotilde Vasquez. (Compl. (Dkt. 1).) Defendants have not appeared in this action and have failed to answer or otherwise respond...
MEMORANDUM DECISION AND ORDER BRIAN M. COGAN , District Judge . The Securities and Exchange Commission filed a motion for summary judgment against defendants Niket Shah and Spark Trading Group, LLC, neither of which have filed any opposition to the motion. The SEC's motion for summary judgment is granted for the reasons stated below. BACKGROUND The following facts are taken from the SEC's Local Rule 56.1 statement and are supported by affidavits and other evidence. Shah is the founder...
MEMORANDUM AND ORDER I. LEO GLASSER , District Judge . On November 2, 2018, following a three-day trial, a jury found Pedro Gonzales Cueto ("Defendant") guilty on all counts of the superseding indictment: (1) conspiracy to import cocaine in violation of Sections 963 and 960(b)(2)(B)(ii) of Title 21 of the United States Code; (2) importation of cocaine in violation of Sections 952(a), 960(a)(1), and 960(b)(2)(B)(ii) of Title 21 of the United States Code; (3) conspiracy to possess cocaine...
MEMORANDUM DECISION AND ORDER ANN M. DONNELLY , District Judge . The plaintiff challenges the Social Security Commissioner's determination that he was not disabled for the purposes of receiving Supplemental Security Income ("SSI") under the Social Security Act. For the following reasons, I affirm the ALJ's disability determination. The plaintiff's motion for judgment on the pleadings is denied, and the defendant's cross-motion is granted. On December 18, 2013, the twenty-two-year-old...
