Harris v. Bob 1232 Jericho Corp. et al

Filing 7

SUPPLEMENTAL CONSENT JUDGMENT: IT IS ORDERED, ADJUDGED, AND DECREED by the Court that, Defts BOB 1232 JERICHO CORP. ROBERT MONTGOMERY, individually and as President, shall pay the balance due of $41,073.16. Payment of this amount will be made in the total amount by September 15, 2016 which is in accordance with the amounts due and dates set forth in Exhibit A. If prior to September 15, 2016 Defts are able to sell the business known as "BOB 1232 JERICHO CORP." a business located at 271 Smithtown Blvd., Nesconset, NY 11767, in Suffolk County, NY, Defts shall apply available proceeds from that sale to the balance due as provided in Exhibit A. If Defts prepay the balance due prior to September 15, 2016, Plaintiff shall deduct any remaining interest payments due. Ordered by Judge Sandra J. Feuerstein on 7/30/2015. (Florio, Lisa)

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UNITED STATES DISTRICT COURT FOR
lHE EASTERN DISTRICT OF NEW YORK
SETH D. HARRIS, Acting Secretary of Labor,
United States Department of Labor,

Civil Action File
No. 13-CV-3210

Plaintiff,

v.
BOB 1232 JERICHO CORP.,
a Corporation
d.b.a. DIX HILLS BRUSHLESS CAR WASH; and
ROBERT MONTGOMERY, Individually
and as President

Defendants

SUPPLEMENTAL
CONSENT
JUDGMENT
SJF, WDW

FILED
IN ClERK'S OFFICE
US DISTRICT COURTED N y

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.;.,;l j Q2015

*

LONG ISLAND OFFtCE
WHEREAS a Consent Judgment was entered in the above captioned matter on June 12,
2013 regarding the defendants' violations of the Fair Labor Standards Act of 1938 (29 U.S.C.§
201 et. seq.); and
WHEREAS, Defendants madt: fourteen payments totaling $7,000.00; and
WHEREAS, the parties wish to revise the payment schedule of the backwage
compensation and civil money penalties.
It is therefore:

I. ORDERED, ADJUDGED, AND DECREED by the Court that, Defendants BOB 1232
JERICHO CORP. ROBERT MONTGOMERY, individually and as President, shall pay the
balance due of $41,073.16.

Payment of this amount will be made in the total amount by

September 15, 2016 which is in accorJIUlce with the amounts due and dates set forth in Exhibit

A.

All payments shall be in separate cashier or certified checks made payable to "Wage and
Hour Division - Labor" with "Case No. 1645301" written on the faee of eaeh eheek.
The checks shall be sent to:
U.S. Department of Labor/Wage & Hour Division
The Curtis Center, Suite 850, West
170 S. Independence MaD West
PhUadelpbia, PA 19106-3317
II. On or before the dates indicated on Exhibit A, defendants shall send a copy of each of
the cheeks to:
U.S. Department of Labor/Wage & Hour Division
1400 Old Country Road, Suite 410
Westbury, New York 11590-5119
Attn: Franclseo Marehan, Assistant Director
III. Neither defendants nor anyone acting on their behalf shall directly or indirectly solicit
or accept the return or refusal of any sums ,.did as back wages under this Judgment.
IV. The plaintiff shall deliver the proceeds of each check less any legal deductions to the
employees named on Exhibit A in the Consent Judgment entered on June 12, 2013. Any sums
not distributed to the employees or to their personal representatives, because of inability to locate
the proper persons or because of such persons' refusal to accept such sums, shall be deposited
with the Treasurer of the United States pursuant to 28 U.S.C. §2041 and §2042.
V. If the defendants fail to make an installment payment on Exhibit A without making up
the arrearage within two weeks after written notice to defendants, the entire balance shall
become due and payable immediately.
VI. If prior to September 15, 2016 Defendants are able to sell the business known as
"BOB 1232 JERICHO CORP." a business located at 271 Smithtown Blvd., Nesconset, NY
11767, in Suffolk County, NY, Defendants shall apply available proceeds from that sale to the
balance due as provided in Exhibit A.

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VII. If Defendants prepay the balance due prior to September 15, 2016, Plaintiff shall
deduct any remaining interest payments due.

Vlll. Each party will bear its own fees and other expenses incurred by such party in
connection with any stage of this proceeding.

SO ORDERED:

DATED:

J ~QJI5

Cen

s/ Sandra J. Feuerstein

ip, NY

VNfTED STATEdiSTRICT JUDGE

Defendants have appeared by counsel and
Consent to the entry of this Judgment.
BOB 1232 JERICHO CORP.

66 Split Rock Road
Syosset, NY ll791
Attorney for Defendants

3

STATEOFNEWYORK

N"-SSA"(
COUNTY OF

On the

.SUFF6~

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: SS:
)

"3"14 \-f
day of J/ne/2015 before me personally appeared ROBERT

MONTGOMERY to me known and known to me to be the individual described in and who
executed the foregoing instrument and he duly acknowledged to me that he executed the same.

NOTARPWLIC

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4o

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EXHffilTA
DIX HILLS BRUSHLESS CAR WASH
Case No. 164530 I
Amoun

Date Due

t

Interest

Total

03/15/2015

I

r

$500.00

0

$500.00

04/15/2015
05/15/2015
06/15/2015
07/15/2015
08/15/2015
09/15/2015
10/15/2015
11/15/2015
12/15/2015
01/15/2016
02/15/2016
03/15/2016
04/15/2016
05/15/2016
06/15/2016
07/15/2016

$2,136.05
$2,137.83
$2,139.61
$2,141.40
$2,143.18
$2,144.97
$2,146.75
$2,148.54
$2,150.33
$2,152.12
$2,153.92
$2,155.71
$2,157.51
$2,159.31
$2,161.11
$2, •<;2.97

$28.66
$26.88
$25.10
$23.31
$21.53
$19.74
$17.96
$16.17
$14.38
$12.59
$10.79
$9.00
$7.20
$5.40
$3.60
$1.80

$2,164.71
$2,164.71
$2,164.71
$2,164.71
$2,164.71
$2,164.71
$2,164.71
$2,164.71
$2,164.71
$2,164.71
$2,164.71
$2,164.71
$2,164.71
$2,164.71
$2,164.71
$2,164.77

Back WaRe Subtotal

$34,891.31

$244.11

$35,135.42

08/15/2016
09/15/2016

$2,872.05
$2,979.95

$83.21
$2.53

$2,955.26
$2,982.48

CMP Subtotal

$5,852.00

$85.74

$5,937.74

TOTALS

$40,743.31

$329.85

$41,073.16

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EXHIBIT A

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