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GPO
Oct 15 2019
REPORT AND RECOMMENDATIONS re 26 MOTION for Judgment on the Pleadings filed by 986 Rutland Realty, LLC, EPP Management LLC; 36 MOTION for Default Judgment filed by Clifton Dacas; 49 Cross MOTION to Vacate Default and Opposition to Plaintiff's Motion for Default Judgment filed by EPP Management LLC; 54 Cross MOTION to Set Aside Default filed by 986 Rutland Realty, LLC.For the reasons stated herein, I respectfully recommend that the Court deny plaintiff's motion for a default judgment, grant Rutland Realty's and EPP's cross-motions to vacate their defaults, deny Rutland Realty's and EPP's motion for judgment on the pleadings, and grant plaintiff leave to amend the Complaint. Moreover, I respectfully recommend that plaintiff recover the reasonable attorneys' fees and costs incurred in connection with the motion for default judgment. Any objections to the recommendations made in this Report must be submitted within fourteen days after filing of the Report and, in any event, no later than October 29, 2019. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. Proc. 72(b)(2). Failure to file timely objections may waive the right to appeal the District Court's order. See Small v. Sec'y of Health & Human Servs., 892 F.2d 15, 16 (2d Cir. 1989) (discussing waiver under the former ten-day limit). Plaintiff is hereby directed to serve copies of this Report and Recommendation upon Rutland Realty and EPP at their last known addresses, and to file proof of service with the Court.Ordered by Magistrate Judge Steven M. Gold on 10/15/2019. (Vogele, Jessica)
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GPO
Nov 06 2019
ORDER ADOPTING REPORT AND RECOMMENDATION re 67 in its entirety. Ordered by Judge I. Leo Glasser on 11/6/2019. (Ruffi, Dylan)
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GPO
Jun 18 2020
REPORT AND RECOMMENDATIONS re 79 MOTION for Attorneys' Fees filed by Clifton Dacas. For the reasons set forth in the attached Report, I respectfully recommend that plaintiff's application be granted in part and denied in part and that plaintiff be awarded $15,126.00 in attorneys' fees and $478.86 in costs. Objections to the recommendations made in this Report must be submitted within fourteen days after filing of the Report and, in any event, no later than July 2, 2020. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. Proc. 72(b)(2). Failure to file timely objections may waive the right to appeal the District Court's order. See Small v. Sec'y of Health & Human Servs., 892 F.2d 15, 16 (2d Cir. 1989) (discussing waiver under the former ten-day limit). Ordered by Magistrate Judge Steven M. Gold on 6/18/2020. (Vogele, Jessica)
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GPO
Aug 10 2020
ORDER ADOPTING REPORT AND RECOMMENDATIONS 93 -- Having reviewed the record and Judge Gold's well-reasoned R&R, the Court finds no error (much less clear error) in Judge Gold's decision. Accordingly, the Court adopts his R&R in its entirety. Plaintiff's motion for attorneys' fees is granted in part and denied in part. Ordered by Judge Eric R. Komitee on 8/10/2020. (Guy, Alicia)
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GPO
Dec 30 2021
ORDER -- The Court adopts the R&R in its entirety pursuant to 28 U.S.C. § 636(b)(1). Therefore, Defendants' motion to stay entry of judgment as to attorneys' fees and costs 104 is denied. The Clerk of Court is respectfully directed to enter judgment in Plaintiff's favor in the amount of $15,126.00 for attorneys' fees and $478.86 in costs. ORDER ATTACHED. Ordered by Judge Eric R. Komitee on 12/30/2020. (Guy, Alicia)
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GPO
Aug 11 2022
REPORT AND RECOMMENDATIONS re 130 Motion for Summary Judgment filed by 986 Rutland Realty, LLC, and EPP Management LLC. As described within, this Court respectfully recommends that the District Court grant Moving Defendants' motion for summary judgment, and enter judgment in the Moving Defendants' favor. Objections to R&R due by 8/25/2022. Ordered by Magistrate Judge Vera M. Scanlon on 8/11/2022. (Lozar, Ryan)
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GPO
Sep 27 2022
MEMORANDUM & ORDER ADOPTING REPORT AND RECOMMENDATIONS -- The R&R 134 is adopted in its entirety. Defendants Rutland Realty's and EPP Management's motion for summary judgment 130 is granted. The Clerk of Court is respectfully directed to enter judgment in favor of those two defendants and dismiss them from the case. Now that the litigation has concluded as to the appearing defendants, Plaintiff may renew his default judgment motion against non-appearing defendants Rutland Road Meat and Fish and 144 Holdings LLC (see ECF No. 94) by October 27, 2022. If Plaintiff does renew that motion, it too shall be referred for report and recommendation to the Honorable Vera Scanlon. ORDER ATTACHED. Ordered by Judge Eric R. Komitee on 9/27/2022. (Guy, Alicia)
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GPO
Sep 08 2023
REPORT AND RECOMMENDATION re 140 MOTION for Default Judgment. For the reasons set forth in the attached report and recommendation, the Court respectfully recommends that the District Court deny the motion for a default judgment. Objections to the report and recommendation are due by 9/22/2023. Ordered by Magistrate Judge Vera M. Scanlon on 9/8/2023. (MG)
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GPO
Sep 27 2023
MEMORANDUM & ORDER ADOPTING REPORT AND RECOMMENDATIONS: The R&R 144 is adopted in its entirety. Dacas's motion for default judgment 140 is denied. Dacas is ordered to show cause, by October 18, 2023, as to why: (1) the Court should not dismiss the federal claims against RRMF and 144 Holdings, for failure to allege claims upon which relief may be granted; (2) the Court should not dismiss the federal claims against Defendants Jeanette Clouden and Vincent Duhaney, for failure to timely serve them; (3) the Court should not decline to exercise supplemental jurisdiction over the remaining state law claims, should the federal claims be dismissed; and (4) if the Court were to retain jurisdiction over the state claims, Dacas would have standing to bring his wage-statement-and-notice claims in federal court. ORDER ATTACHED. Ordered by Judge Eric R. Komitee on 9/27/2023. (AG)
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