Sosa v. Laziza Deli Grocery Corp. et al
| New York Eastern District Court | |
| Judge: | Hector Gonzalez |
| Case #: | 1:23-cv-08488 |
| Nature of Suit | 710 Labor - Fair Labor Standards Act |
| Cause | 29:201 Fair Labor Standards Act |
| Case Filed: | Nov 15, 2023 |
| Terminated: | May 08, 2024 |
| Last checked: Monday May 13, 2024 4:24 AM EDT |
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Defendant
Mohamed Elhadri
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Represented By
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Defendant
Laziza Deli & Grill 3 Corp.
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Represented By
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Defendant
Laziza Deli & Grill Corp.,
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Represented By
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Defendant
Laziza Deli Grocery Corp.
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Represented By
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Plaintiff
Guadalupe Sosa
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Represented By
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| Docket last updated: 04/24/2025 11:59 PM EDT |
| Wednesday, May 08, 2024 | ||
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minutes
Fairness Conference Order on Motion for Settlement
Wed 05/08 1:01 PM
Minute Entry for proceedings held before Judge Hector Gonzalez: Fairness Hearing held on May 8, 2024. Yale Pollack appeared on behalf of Plaintiff. Faris Hamtini appeared on behalf of Defendants. The parties' motion for Settlement Approval, See ECF No.21 and Plaintiff's reply in support of the motion See ECF No.22 were discussed. The Court granted the parties' motion, in part, for the reasons stated on the record. The Court will not retain jurisdiction over the enforcement of the settlement as indicated in paragraph eight (8) of the agreement. (Court Reporter Linda Danelczyk.) (PN) |
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order
Order Dismissing Case
Wed 05/08 1:02 PM
ORDER: For the reasons set forth on the record, the Court grants the parties' joint motion to approve the settlement of Plaintiff's claims, see ECF No.21 , as required by Cheeks v. Freeport Pancake House, Inc. , 796 F.3d 199 (2d Cir. 2015), and so-orders the parties' stipulation of dismissal, see ECF No. [22-3]. Ordered by Judge Hector Gonzalez on 5/8/2024. (PN) |
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| Wednesday, May 01, 2024 | ||
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order
Scheduling Order ~Util - Set Hearings
Wed 05/01 12:55 PM
ORDER: The Court is in receipt of Plaintiff's supplemental submission in support of the motion for Cheeks approval. See ECF No.22 . There remains insufficient information before the Court for the Court to approve the parties' settlement. Accordingly, the parties are directed to appear for a Cheeks hearing on May 8, 2024, at 11:00 A.M. in courtroom 6A South. In addition to the Cheeks motion generally, the parties shall be prepared to address specifically: (i) the calculation of Plaintiff's maximum potential recovery in this action, including the calculation of prejudgment interest; (ii) the sufficiency of Plaintiff's maximum potential recovery in view of precedent from this Circuit; and (iii) Defendant's potential defenses were litigation to proceed, in particular its position that it is not subject to the Fair Labor Standards Act. Ordered by Judge Hector Gonzalez on 5/1/2024. (PN) |
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| Tuesday, April 30, 2024 | ||
| 22 | 22
respoth
Reply in Support
Tue 04/30 10:27 AM
REPLY in Support re Status Report Order,,,,,,,,, Supplementing FLSA Settlement Papers filed by Guadalupe Sosa. (Pollack, Yale) |
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Att: 1
Exhibit A - Damages Analysis,
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Att: 2
Exhibit B - Time Records,
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Att: 3
Exhibit C - Stipulation of Dismissal
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| Monday, April 29, 2024 | ||
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order
Status Report Order
Mon 04/29 1:39 PM
ORDER: In reviewing the parties' Cheeks motion, the Court is unable to determine Plaintiff's maximum potential recovery, which Plaintiff represents is $174,534.00. See ECF No.21 at 3. However, the parties have, without any explanation, calculated that figure "exclusive of liquidated damages, prejudment interest[], [and] attorneys' fees and costs." See id. The Court is concerned specifically by the exclusion of liquidated damages, which "undercount[s]" Plaintiff's potential recovery. See Zorn-Hill v. A2B Taxi LLC , No. 18-cv-11165, 2020 WL 5578357, at *4 (S.D.N.Y. Sept. 17, 2020). More generally, the Court notes the absence of a more detailed damages calculation illustrating the specific bases of potential recovery. On or before May 6, 2024, the parties are ORDERED to file a supplemental joint submission providing more information about Plaintiff's maximum potential recovery. Moreover, the settlement provides that Plaintiff's counsel will receive $17,743.67 in fees. See ECF No.21 at 2. Although Plaintiff's counsel provides information about his credentials and experience, he provides "no information for the basis of" the specific fee request. See Douglas v. Allied Universal Sec. Servs. , 371 F. Supp. 3d 78, 84-85 (E.D.N.Y. 2019). "Even where attorneys' fees are sought pursuant to the percentage of fund method, counsel must submit evidence providing a factual basis for the award." See Arango v. Scotts Co., LLC , No. 17-cv-7174, 2019 WL 117466, at *5 (S.D.N.Y. Jan. 7, 2019) (quotation omitted). On or before May 6, 2024, Plaintiff's counsel is ORDERED to file a supplemental submission providing such information. The Court further notes that the Cheeks motion does not include an executed stipulation of dismissal. On or before May 6, 2024, the parties shall file an executed stipulation of dismissal so that the Court may so-order it in the event that it approves their settlement. Alternatively, by that same date, Plaintiff may file an accepted offer of judgment that complies with Rule 68. Ordered by Judge Hector Gonzalez on 4/29/2024. (RCM) |
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| Tuesday, March 05, 2024 | ||
| 21 | 21
motion
Settlement
Tue 03/05 2:34 PM
MOTION for Settlement Approval for FLSA Action by Guadalupe Sosa. (Pollack, Yale) |
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Att: 1
Exhibit Settlement Agreement
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| Wednesday, February 28, 2024 | ||
| 20 | 20
motion
Extension of Time to Complete Discovery
Wed 02/28 12:29 PM
MOTION for Extension of Time to Complete Discovery based on FLSA Settlement Reached by the Parties by Guadalupe Sosa. (Pollack, Yale) |
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order
Order on Motion for Extension of Time to Complete Discovery
Wed 02/28 2:44 PM
ORDER: The Court has received Plaintiff's letter indicating that the parties have reached a settlement in principle. See ECF No.20 . The Court therefore adjourns sine die the parties' outstanding discovery deadlines. On or before March 28, 2024, the parties shall file their joint motion for settlement approval pursuant to Cheeks v. Freeport Pancake House, Inc. , 796 F.3d 199 (2d Cir. 2015), or, alternatively, propose a date by which Plaintiff intends to file an accepted offer of judgment that complies with Rule 68. If the parties fail to file their joint motion by March 28, 2024, as required by this Order, they should expect to complete their remaining discovery obligations according to an accelerated schedule. Ordered by Judge Hector Gonzalez on 2/28/2024. (PN) |
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| Monday, January 29, 2024 | ||
| 19 | 19
motion
Stay
Mon 01/29 11:22 AM
Letter MOTION to Stay Discovery pending mediation by Mohamed Elhadri, Laziza Deli & Grill 3 Corp., Laziza Deli & Grill Corp.,, Laziza Deli Grocery Corp.. (Hamtini, Faris) |
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order
Order on Motion to Stay
Mon 01/29 12:50 PM
ORDER: The parties seek a stay of discovery pending mediation. See ECF No.19 . The Court previously explained that it would "not extend the current deadline for fact discovery unless the parties demonstrate good cause, and the fact that the parties have been pursuing mediation or other settlement negotiations will not by itself constitute good cause." See December 28, 2023, Text Order. For the same reason, the Court denies the parties' motion to stay discovery. Ordered by Judge Hector Gonzalez on 1/29/2024. (PN) |
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| Tuesday, January 02, 2024 | ||
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adr
Mediation Instructions
Tue 01/02 11:28 AM
MEDIATION INSTRUCTIONS for Counsel are available at: https://www.nyed.uscourts.gov/adr-forms under ADR Forms/Mediation Forms/For Counsel and Parties. Counsel are to select a mediator, schedule the first mediation session, and file the name of the mediator, date, time and place (in-person or remote) of the first mediation session using the Selection of the Mediator Form on the ADR Forms website under Mediator Forms/For Counsel and Parties: https://www.nyed.uscourts.gov/adr-forms or 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 is available at: https://www.nyed.uscourts.gov/adr-forms under ADR Forms/Mediation Forms/For Counsel and Parties. The Confidentiality Stipulation (in-person or remote) must be signed at or before the initial mediation session by all participants and the Mediator and returned via e-mail to nyed_adr@nyed.uscourts.gov. Upon completion of the mediation, both parties must submit a Mediation Report which can be found at: https://www.nyed.uscourts.gov/adr-forms under ADR Forms/Mediation Forms/For Counsel and Parties. The Mediation Report must be submitted within two weeks following mediation session. (JR) |
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| Thursday, December 28, 2023 | ||
| 18 | 18
order
Scheduling Order
Thu 12/28 1:56 PM
ORDER: The Court adopts the parties' proposed case management plan, see ECF No.17 , as the Court's scheduling order required by Rule 16(b), with the adjustments reflected in the accompanying order. Ordered by Judge Hector Gonzalez on 12/28/2023. (BH) |
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order
Order Referring Case to Mediation
Thu 12/28 2:03 PM
ORDER Referring Case to the Court-Annexed Mediation Program: Pursuant to the parties' jointly proposed case management plan, see ECF No.17 , the Court refers this case to the District's Court-Annexed Mediation Program. The parties shall select a mediator by January 31, 2024, and complete their mediation by April 5, 2024. The parties shall pursue their discovery obligations concurrently with their participation in the mediation program, in accordance with the deadlines in the Court's scheduling order. See ECF No.18 . The Court will not extend the current deadline for fact discovery unless the parties demonstrate good cause, and the fact that the parties have been pursuing mediation or other settlement negotiations will not by itself constitute good cause. Ordered by Judge Hector Gonzalez on 12/28/2023. (BH) |
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| Wednesday, December 27, 2023 | ||
| 17 | 17
misc
Case Management Statement
Wed 12/27 4:46 PM
CASE MANAGEMENT STATEMENT (Pollack, Yale) |
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order
Order(Other)
Wed 12/27 11:21 AM
ORDER: The parties have timely filed their joint letter describing the case, see ECF No.16 , as required by the Court's prior scheduling order. But although the joint letter says that the parties have prepared a proposed case management plan required by the scheduling order, the parties appear inadvertently to have failed to file a case management plan. The parties shall file their proposed case management plan on or before December 29, 2023. Ordered by Judge Hector Gonzalez on 12/27/2023. (BH) |
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| Tuesday, December 26, 2023 | ||
| 16 | 16
misc
Letter
Tue 12/26 10:44 AM
Letter by Guadalupe Sosa (Pollack, Yale) |
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| Wednesday, December 06, 2023 | ||
| 15 | 15
answer
Answer to Complaint
Wed 12/06 6:35 PM
ANSWER to1 Complaint, by All Defendants. (Hamtini, Faris) |
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| 14 | 14
misc
Corporate Disclosure Statement
Wed 12/06 6:34 PM
Corporate Disclosure Statement by Laziza Deli & Grill 3 Corp. (Hamtini, Faris) |
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| 13 | 13
misc
Corporate Disclosure Statement
Wed 12/06 6:33 PM
Corporate Disclosure Statement by Laziza Deli & Grill Corp., (Hamtini, Faris) |
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| 12 | 12
misc
Corporate Disclosure Statement
Wed 12/06 6:32 PM
Corporate Disclosure Statement by Laziza Deli Grocery Corp. (Hamtini, Faris) |
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| 11 | 11
notice
Notice of Appearance
Wed 12/06 6:30 PM
NOTICE of Appearance by Faris Hamtini on behalf of All Defendants (aty to be noticed) (Hamtini, Faris) |
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| Friday, December 01, 2023 | ||
| 10 | 10
respoth
Reply in Support
Fri 12/01 12:27 PM
REPLY in Support re Order,,,,,, Declaration Confirming Mailing filed by Guadalupe Sosa. (Pollack, Yale) |
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| Wednesday, November 29, 2023 | ||
| 9 | 9
order
Scheduling Order
Wed 11/29 3:00 PM
SCHEDULING ORDER: Counsel for all parties are directed to file on the docket a joint letter describing the case and a completed civil case management plan by January 3, 2024, as further described in the attached mandatory requirements. Requests for adjournment of the deadline for these submissions will be considered only if made in writing and otherwise in accordance with Section I.D of the Court's Individual Practices. Plaintiff's counsel shall notify Defendants' counsel of this scheduling order, in writing, as soon as reasonably possible. Although the Court will be amenable to a reasonable extension of Defendants' deadlines to answer or otherwise respond to Plaintiff's complaint, the Court will require the parties to demonstrate additional good cause to adjourn the deadline for filing the joint letter and proposed case management plan required by this order because the Court does not need Defendants' answer(s) to set a discovery schedule. Ordered by Judge Hector Gonzalez on 11/29/2023. (BH) |
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| 8 | 8
service
Summons Returned Executed
Wed 11/29 1:35 PM
SUMMONS Returned Executed by Guadalupe Sosa. Mohamed Elhadri served on 11/24/2023, answer due 12/15/2023. (Pollack, Yale) |
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| 7 | 7
service
Summons Returned Executed
Wed 11/29 1:33 PM
SUMMONS Returned Executed by Guadalupe Sosa. Laziza Deli & Grill 3 Corp. served on 11/28/2023, answer due 12/19/2023. (Pollack, Yale) |
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| 6 | 6
service
Summons Returned Executed
Wed 11/29 1:29 PM
SUMMONS Returned Executed by Guadalupe Sosa. Laziza Deli & Grill Corp., served on 11/28/2023, answer due 12/19/2023. (Pollack, Yale) |
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| 5 | 5
service
Summons Returned Executed
Wed 11/29 1:28 PM
SUMMONS Returned Executed by Guadalupe Sosa. Laziza Deli Grocery Corp. served on 11/28/2023, answer due 12/19/2023. (Pollack, Yale) |
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order
Order(Other)
Wed 11/29 2:42 PM
ORDER: The Court has received the affidavits of service filed by Plaintiff, which indicate that Plaintiff served the entity Defendants by delivering Plaintiff's complaint and a summons to the New York Secretary of State. See ECF Nos.5 ,6 ,7 . As a courtesy to the entity Defendants, and to facilitate their prompt appearance, Plaintiff's counsel shall mail a copy of Plaintiff's complaint and a summons to the address for each of the entity Defendants identified for service of process made available on the Secretary of State's website: https://apps.dos.ny.gov/publicInquiry/. Plaintiff's counsel shall file a declaration on or before December 6, 2023, confirming Plaintiff's compliance with this order or, alternatively, explaining why Plaintiff was unable to comply with this order. If Plaintiff fails to mail a copy of Plaintiff's complaint and a summons as required by this order, and any of the entity Defendants eventually enters an untimely appearance, the Court will likely vacate any entry of default or default judgment against that Defendant unless the circumstances unambiguously demonstrate that the Defendant actually received notice of Plaintiff's complaint. Additionally, the Court may decline to award Plaintiff a default judgment against an entity Defendant unless Plaintiff can show that the Defendant has received notice of Plaintiff's complaint and has willfully failed to appear. Ordered by Judge Hector Gonzalez on 11/29/2023. (BH) |
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| Tuesday, November 21, 2023 | ||
| 4 | 4
service
Summons Issued
Tue 11/21 8:19 AM
Summons Issued as to Mohamed Elhadri, Laziza Deli & Grill 3 Corp., Laziza Deli & Grill Corp.,, Laziza Deli Grocery Corp. (JVC) |
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order
Status Report Order
Tue 11/21 9:52 AM
ORDER: Plaintiff shall file a letter no longer than three pages on or before December 6, 2023, describing Plaintiff's efforts to serve Plaintiff's complaint and a summons on each Defendant. If Plaintiff fails to file the letter required by this order, or if Plaintiff's letter demonstrates a lack of diligence in attempting service, then the Court is unlikely to extend the deadline for Plaintiff to complete service under Rule 4(m) in the absence of unusual circumstances demonstrating good cause. The Court will not extend the deadline for Plaintiff to file the letter required by this order unless Plaintiff requests an extension in accordance with Section I.D of the Court's Individual Practices. Ordered by Judge Hector Gonzalez on 11/21/2023. (BH) |
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| Monday, November 20, 2023 | ||
| 3 | 3
misc
Proposed Summons/Civil Cover Sheet
Mon 11/20 11:12 AM
Proposed Summons. Re Quality Control Check - Summons, by Guadalupe Sosa (Pollack, Yale) |
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| 2 | 2
misc
Clerks Notice of Rule 73
Mon 11/20 10:54 AM
Clerk's Notice Re: Consent. A United States Magistrate Judge has been assigned to this case and is available to conduct all proceedings. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this 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. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent.The form may also be accessed at the following link:[LINK:https://img.nyed.uscourts.gov/files/forms/MJConsentForm.pdf] (AF) |
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utility
Case Assigned/Reassigned
Mon 11/20 10:52 AM
Case Assigned to Judge Hector Gonzalez. Please download and review the Individual Practices of the assigned Judges, located on our[LINK:website] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (AF) |
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misc
Quality Control Check - Summons
Mon 11/20 10:55 AM
Your proposed summons was not issued for one of the following reasons: If multiple defendants, there must me a rider attached to the summons with the name and addresses of all defendants included., Please correct and resubmit using Proposed Summons/Civil Cover Sheet. (AF) |
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| Wednesday, November 15, 2023 | ||
| 1 | 1
cmp
Complaint
Wed 11/15 1:11 PM
COMPLAINT against Mohamed Elhadri, Laziza Deli & Grill 3 Corp., Laziza Deli & Grill Corp.,, Laziza Deli Grocery Corp. filing fee $ 402, receipt number ANYEDC-17286643 Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by Guadalupe Sosa. (Pollack, Yale) |
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Att: 1
Civil Cover Sheet,
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Att: 2
Proposed Summons,
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Att: 3
Proposed Summons,
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Att: 4
Proposed Summons,
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Att: 5
Proposed Summons
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