Case details

Court: nyed
Docket #: 1:12-cv-04760
Case Name: Coulibaly v. Millennium Super Car Wash, Inc.
PACER case #: 334918
Date filed: 2012-09-24
Assigned to: Chief Judge Carol Bagley Amon
Referred to: Magistrate Judge Cheryl L. Pollak
Case Cause: 29:201 Fair Labor Standards Act
Nature of Suit: 710 Labor: Fair Standards
Jury Demand: None
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
Adam Coulibaly
Plaintiff
Neil H. Greenberg
Neil H. Greenberg & Associates, P.C. 900 Merchants Concourse Suite 214 Westbury, NY 11590 516-228-5100 Fax: 516-228-5106 Email: ngreenberg@nhglaw.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Millennium Super Car Wash, Inc.
Defendant

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2012-09-24 1 0 COMPLAINT against Millennium Super Car Wash, Inc. Disclosure Statement on Civil Cover Sheet completed -no,, filed by Adam Coulibaly. (Attachments: # 1 Civil Cover Sheet) (Sica, Michele) (Entered: 10/01/2012)
2012-10-01 2 0 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. (Sica, Michele) (Entered: 10/01/2012)
2012-12-11 3 0 SUMMONS Returned Executed by Adam Coulibaly. Millennium Super Car Wash, Inc. served on 9/28/2012, answer due 10/19/2012. (Greenberg, Neil) (Entered: 12/11/2012)
2013-01-14 4 0 Letter regarding status of case by Adam Coulibaly (Greenberg, Neil) (Entered: 01/14/2013)
2013-01-15 5 0 ENDORSED LETTER ORDER re 4 Plaintiff is given 30 days to file any default papers. So Ordered by Magistrate Judge Cheryl L. Pollak on 1/15/2013. (Caggiano, Diana) (Entered: 01/15/2013)
2013-01-15 6 0 Request for Certificate of Default by Adam Coulibaly (Attachments: # 1 Declaration of Justin M. Reilly, # 2 Exhibit A, # 3 Exhibit B, # 4 Proposed Certificate of Default, # 5 Proposed Notation of Default, # 6 Affidavit of Service) (Greenberg, Neil) (Entered: 01/15/2013)
2013-01-23 7 0 Clerk's ENTRY OF DEFAULT It appearing from the docket maintained in this action that Defendant Millennium Super Car Wash, Inc. has failed to appear or otherwise defend this action, the default of Defendant Millennium Super Car Wash, Inc. is hereby noted pursuant to Rule 55a of the Federal Rules of Civil Procedure. (Hamilton, Janet) (Entered: 01/23/2013)
2013-03-15 8 0 MOTION for Default Judgment by Adam Coulibaly. (Greenberg, Neil) (Entered: 03/15/2013)
2013-03-15 9 0 MEMORANDUM in Support re 8 MOTION for Default Judgment filed by Adam Coulibaly. (Attachments: # 1 Declaration Justin M. Reilly, Esq., # 2 Declaration Adam Coulibaly, # 3 Proposed Judgment, # 4 Affidavit of Service, # 5 Exhibit A, # 6 Exhibit B, # 7 Exhibit C) (Greenberg, Neil) (Entered: 03/15/2013)
2013-03-19 10 0 INQUEST ORDER re 8 The Court Orders the parties to submit any papers in support of their damage calculations by April 1, 2013. The Court further Orders the parties to appear for an inquest hearing at the United States District Court for the Eastern District of New York, 225 Cadman Plaza East, Brooklyn, New York, at 3:30 p.m. on Tuesday, April 9, 2013. So Ordered by Magistrate Judge Cheryl L. Pollak on 3/18/2013. (Caggiano, Diana) (Entered: 03/19/2013)
2013-04-04 11 0 Letter MOTION to Adjourn Conference and inquest hearing scheduled for April 9, 2013 by Adam Coulibaly. (Greenberg, Neil) (Entered: 04/04/2013)
2013-04-04 12 0 ENDORSED LETTER ORDER granting 11 Motion to Adjourn Conference. Conference adjourned to 5/8/13 @ 12:30 PM. So Ordered by Magistrate Judge Cheryl L. Pollak on 4/4/2013. (Caggiano, Diana) (Entered: 04/04/2013)
2013-05-08 13 0 MINUTE ENTRY for Motion Hearing proceeding 8 held before MJ Pollak on 5/8/2013. Inquest hearing held. Defendant fails to appear. Report to issue. (Caggiano, Diana) (Entered: 05/08/2013)
2013-05-16 14 0 TRANSCRIPT of Proceedings held on May 8, 2013, before Judge Pollak. Court Transcriber: ARIA SERVICES, INC, Telephone number 845-260-1377. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/6/2013. Redacted Transcript Deadline set for 6/17/2013. Release of Transcript Restriction set for 8/14/2013. (Rocco, Christine) (Entered: 05/16/2013)
2013-07-09 15 0 REPORT AND RECOMMENDATION re 8 The Court respectfully recommends that judgment be entered against defendant on plaintiffs FLSA and NYLL claims. The Court also respectfully recommends that plaintiff be awarded $5,665.00 in minimum wage pay, $12,163.89 in overtime pay, and an additional $17,828.89 in liquidated damages as a result of defendant's willful failure to pay overtime and minimum wages pursuant to the FLSA. As for plaintiffs NYLL minimum wage,overtime, pre-judgment interest, and spread of hours claims, the Court respectfully recommends that the plaintiff be awarded $2,873.00 in minimum wage pay, $6,316.99 in overtime pay, $1,251.45 in spread of hours pay, an additional $1,663.85 in liquidated damages as a result of defendant's willful failure to pay wages owed, and $2,618.09 in pre-judgment interest that has accrued from September 26, 2010 to the date of this Report & Recommendation. In total, the Court recommends an award of $50,381.16, plus pre-judgment interest that accrues through the entry offinal judgment in this matter, as well as any post-judgment interest that accrues after final judgment is entered. Objections to R&R due by 7/26/2013. So Ordered by Magistrate Judge Cheryl L. Pollak on 7/9/2013. (Caggiano, Diana) (Entered: 07/09/2013) 2013-11-14 09:28:35 639bfcf685bca2b964eba78b303bfe43db3bcb2f
2013-08-01 16 0 Mail Returned as Undeliverable. Report and Recommendation 15 sent to Millenium Super Car Wash, Inc. 295 Madison Avenue, NY, NY 10017. Postal notation: "Returned to Sender, not deliverable as addressed, unable to forward" (Fernandez, Erica) (Entered: 08/01/2013)
2013-11-13 17 0 ORDER ADOPTING REPORT AND RECOMMENDATIONS: Plaintiff is entitled to $5,665.00 in minimum wage par, $12,163.89 in overtime pay, and an additional $17,828.89 in liquidated damages as a result of defendant's willful failure to pay overtime and minimum wages pursuant to the FLSA. Under New York Labor Law plaintiff is entitled to $2,873.00 in minimum wage pay, $6,316.99 in overtime pay, $1,251.45 in spread of hours pay, $1,663.85 in liquidated damages as a result of defendant's willful failure to pay wages owed, as well as pre judgment interest that has accrued from September 26, 2010 until the entry of judgment in the amount of $2,945.35. In total, the Court awards plaintiff $50,708.42 plus any post judgment interest that accrues after final judgment is entered. Ordered by Chief Judge Carol Bagley Amon on 11/13/2013. fwd for judgment (Fernandez, Erica) (Entered: 11/13/2013) 2013-11-14 08:10:39 f3b6ca283b83140150babe6023e3dab3fa196260