Wilson et al v. Pasquale's Damarino's, Inc. et al

Filing 438

ORDER: The parties' August 14, 2020 joint letter and proposed consent order (Dkt. Nos. 436, 437) raises the following issues: The names of several parties are misspelled. Moreover, Plaintiff Ksenia Artrates is a signatory to the proposed co nsent order but is not mentioned in the parties' joint letter as an active party. Defendant Giancarlo Montesarchio is mentioned in the parties' letter as an active party but is not a signatory to the proposed consent order. Defendant Kav ita S. Jagnarine is a signatory to the proposed consent order even though the claims against her were dismissed on September 23, 2019. (Dkt. No. 413). Defendant Izabela Marino has obtained an order of discharge from the Bankruptcy Court for the Ea stern District of New York but she remains a party to this case. (Dkt. No. 437, Ex. 3). On December 11, 2019, the Court granted Plaintiffs' counsel's request to withdraw as counsel to Plaintiffs Tatiana Lisovskaya and Santiago Ortiz. (Dk t. No. 423.) Since then, Plaintiffs Lisovskaya and Ortiz have proceeded pro se, but there is no evidence that they have prosecuted their claims in any way. By August 24, 2020 the parties will submit a joint letter setting forth how these issues will be addressed in the context of the proposed consent order. SO ORDERED. (Signed by Judge Paul G. Gardephe on 8/17/2020) (jca)

Case 1:10-cv-02709-PGG-RWL Document 438 Filed 08/17/20 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
GENESIS WILSON, ALIAKSANDRA
KULESH, NATALIA ZEMTSOVA,
YULIYA SYNYUK, TATIANA
LISOVSKAYA, MOHAMMED MOIN
UDDIN, KSENIA ARTATES,
ABDOULAYE NDIAYE, SANTIAGO
ORTIZ, and ABIGAIL HENNESSY, on
behalf of themselves and on behalf of all
others similarly situated,

ORDER
10 Civ. 2709 (PGG) (RWL)

Plaintiffs,
- against IZABELA MARINO, PETER
ROSSIGNUOLO a/k/a PETER ROSSI,
CRAIG PERRI, GIANCARLO
MONTESARCHIO, and FRATELLI
ITALIANI LLC,
Defendants.
PAUL G. GARDEPHE, U.S.D.J.:
The parties’ August 14, 2020 joint letter and proposed consent order (Dkt. Nos.
436, 437) raises the following issues:
1. The names of several parties are misspelled. Moreover, Plaintiff Ksenia Artrates is a
signatory to the proposed consent order but is not mentioned in the parties’ joint letter as
an active party. Defendant Giancarlo Montesarchio is mentioned in the parties’ letter as
an active party but is not a signatory to the proposed consent order. Defendant Kavita S.
Jagnarine is a signatory to the proposed consent order even though the claims against her
were dismissed on September 23, 2019. (Dkt. No. 413)
2. Defendant Izabela Marino has obtained an order of discharge from the Bankruptcy Court
for the Eastern District of New York but she remains a party to this case. (Dkt. No. 437,
Ex. 3)

Case 1:10-cv-02709-PGG-RWL Document 438 Filed 08/17/20 Page 2 of 2

3. On December 11, 2019, the Court granted Plaintiffs’ counsel’s request to withdraw as
counsel to Plaintiffs Tatiana Lisovskaya and Santiago Ortiz. (Dkt. No. 423.) Since then,
Plaintiffs Lisovskaya and Ortiz have proceeded pro se, but there is no evidence that they
have prosecuted their claims in any way.
By August 24, 2020 the parties will submit a joint letter setting forth how these
issues will be addressed in the context of the proposed consent order.
Dated: New York, New York
August 17, 2020

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