Almanzar v. C & I Associates Inc. et al.

Filing 202

JUDGMENT ORDERED and ADJUDGED that judgment is hereby entered against Defendants C & I Associates, Inc., C & I Telecommunications, Inc. and William Giannini, jointly and severally, in favor of Cesar Almanzar, Felix Corporan, Juan De La Cruz, Juan eris De La Cruz, Juan Diaz, Jorge Done, Valentin Menaldo, Juan Ogando, Marcus Reyes, Wilson Rossis, Constantino Acevedo, Kardryk Artis, Ernst Jean Baptiste, Jose Bermudez, Raul Campusano, Juan E. Felix Caro, James Dee Jimenez Duran, Maiker Estrell a, Elinller Frias, Carlos Hilberto Hernandez, Marc Azer Louis Jean, Joel Jimenez, Edward Jorge, Gerasimo E. Liranzo, Pedro E. Madera, Frederick Malcom, Emilio Perez, Wilson Daniel Perez, Claudio Antonio Pimentel, Fausto Pineda, Markeith J. Powell a nd Michael Alberto Rodriguez and their Counsel, in the amount of $355,000.02, IT IS FURTHER ORDERED and ADJUDGED that Defendants C & I Associates, Inc., C & I Telecommunications, Inc. and William Giannini, jointly and severally are liable to Plaintiffs Cesar Almanzar, Felix Corporan, Juan De La Cruz, Juaneris De La Cruz, Juan Diaz, Jorge Done, Valentin Menaldo, Juan Ogando, Marcus Reyes, Wilson Rossis, Constantino Acevedo, Kardryk Artis, Ernst Jean Baptiste, Jose Bermudez, Raul Campusa no, Juan E. Felix Caro, James Dee Jimenez Duran, Maiker Estrella, Elinller Frias, Carlos Hilberto Hernandez, Marc Azer Louis Jean, Joel Jimenez, Edward Jorge, Gerasimo E. Liranzo, Pedro E. Madera, Frederick Malcom, Emilio Perez, Wilson Daniel Pere z, Claudio Antonio Pimentel, Fausto Pineda, Markeith J. Powell and Michael Alberto Rodriguez and their Counsel for pre-judgment interest in the amount of $937.51; IT IS FURTHER ORDERED and ADJUDGED that the Clerk of the Court is hereby directed to enter judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure. (And as further set forth herein.) (Signed by Judge Sidney H. Stein on 2/27/2023) (jca)

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

------------------------------------x
CESAR ALMANZAR, FELIX CORPORAN,
JUAN DE LA CRUZ, JANERIS DE LA CRUZ,
JUAN DIAZ, JORGE DONE, VALENTIN
MENALDO, JUAN OGANDO, MARCUS REYES :
and WILSON ROSS IS , individually, on behalf of
all others similarly situated, and as Class
Representatives,

14Civ.1810(SHS)

JUDGMENT

Plaintiffs,
- against C & I AS SOCIATES, INC.,
C & I TELECOMMUNICATIONS, INC.,
WILLIAM GIANNINI, NELSON IZQUIERDO,
and ANDROKE POLONIO,
Defendants .

------------------------------------x
WHEREAS, this Court determined on December 20, 2016 that the parties' Settlement
Agreement and Release (hereinafter the "Settlement Agreement") was fair and reasonable
pursuant to Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015) (Dkt. No.
170);
WHEREAS, the Settlement Agreement provides for payment to Plaintiffs and their
Counsel of $180,000 plus a portion of the proceeds of the sale of certain real property owned by
Defendant William Giannini;
WHEREAS, on January 24, 2017, this Court dismissed with prejudice the claims of
Plaintiffs Alcides Matos, Juan Mindi-Soto, Juan Ramon Alejandro Guerrero, John Bennett, Jorge
Corporan, Wilkin A. Corporan, Wilson Espinosa, Sergio Garcia, Yordy M. Hernandez, Noe
Oscar Paulino, Jose M. Rodriguez, Michael Alberto Rodriguez and Ernest Torres (Dkt. No. 178);

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WHEREAS, on January 24, 2017, this Court ordered the parties to consummate the
Settlement Agreement and retained jurisdiction of the action for the purpose of enforcing
compliance therewith (Dkt. No. 178);
WHEREAS, to secure performance of the Settlement Agreement, Defendants C & I
Associates, Inc., C & I Telecommunications, Inc. and William Giannini confessed judgment on
November 18, 2016, in the amount of $510,000 less amounts actually paid pursuant thereto
(attached as an exhibit);
WHEREAS , Plaintiffs have moved on affirmation alleging Defendants' failure to remit
$25 ,000.02 of the agreed settlement amount and other noncompliance with the Settlement
Agreement and following due service of notice to cure on September 15, 2022 (Docket No. 184 );
WHEREAS, the Settlement Agreement provides for interest on the unpaid installments
following due service of notice to cure at the rate of nine percent per annum ;
WHEREAS , Defendants had notice and an opportunity to be heard in this Court on
February 22, 2023;
WHEREAS , Defendants made no showing and filed no affidavits or memoranda in
opposition;
Pursuant to Rule 58 of the Federal Rules of Civil Procedure, it is hereby:
ORDERED and ADJUDGED that judgment is hereby entered against Defendants C & I
Associates, Inc., C & I Telecommunications, Inc. and William Giannini, jointly and severally, in
favor of Cesar Almanzar, Felix Corporan, Juan De La Cruz, Juaneris De La Cruz, Juan Diaz,
Jorge Done, Valentin Menaldo, Juan Ogando, Marcus Reyes, Wilson Rossis , Constantino
Acevedo, Kardryk Artis, Ernst Jean Baptiste, Jose Bermudez, Raul Campusano, Juan E. Felix

2

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Caro, James Dee Jimenez Duran, Maiker Estrella, Elinller Frias, Carlos Hilberto Hernandez,
Marc Azer Louis Jean, Joel Jimenez, Edward Jorge, Gerasimo E. Liranzo, Pedro E. Madera,
Frederick Malcom, Emilio Perez, Wilson Daniel Perez, Claudio Antonio Pimentel, Fausto
Pineda, Markeith J. Powell and Michael Alberto Rodriguez and their Counsel, in the amount of
$355 ,000.02,
IT IS FURTHER ORDERED and ADJUDGED that Defendants C & I Associates, Inc., C
& I Telecommunications , Inc. and William Giannini, jointly and severally are liable to Plaintiffs
Cesar Almanzar, Felix Corporan, Juan De La Cruz, Juaneris De La Cruz, Juan Diaz, Jorge Done,
Valentin Menaldo, Juan Ogando, Marcus Reyes, Wilson Rossis, Constantino Acevedo, Kardryk
Artis, Ernst Jean Baptiste, Jose Bermudez, Raul Campusano, Juan E. Felix Caro, James Dee
Jimenez Duran, Maiker Estrella, Elinller Frias, Carlos Hilberto Hernandez, Marc Azer Louis
Jean, Joel Jimenez, Edward Jorge, Gerasimo E. Liranzo, Pedro E. Madera, Frederick Malcom,
Emilio Perez, Wilson Daniel Perez, Claudio Antonio Pimentel, Fausto Pineda, Markeith J.
Powell and Michael Alberto Rodriguez and their Counsel for pre-judgment interest in the
amount of $937.51;
IT IS FURTHER ORDERED and ADJUDGED that Defendants C & I Associates, Inc.,
C & I Telecommunications, Inc. and William Giannini, jointly and severally are liable to
Plaintiffs Cesar Almanzar, Felix Corporan, Juan De La Cruz, Juaneris De La Cruz, Juan Diaz,
Jorge Done, Valentin Menaldo, Juan Ogando, Marcus Reyes, Wilson Rossis, Constantino
Acevedo, Kardryk Artis, Ernst Jean Baptiste, Jose Bermudez, Raul Campusano, Juan E. Felix
Caro, James Dee Jimenez Duran, Maiker Estrella, Elinller Frias, Carlos Hilberto Hernandez,
Marc Azer Louis Jean, Joel Jimenez, Edward Jorge, Gerasimo E. Liranzo, Pedro E. Madera,

3

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Case 1:14-cv-01810-SHS Document 201 Filed 02/27/23 Page 4 of 4

Frederick Malcom, Emilio Perez, Wilson Daniel Perez, Claudio Antonio Pimentel, Fausto
Pineda, Markeith J. Powell and Michael Alberto Rodriguez and their Counsel for post-judgment
interest at the rate specified in 28 U.S .C. § 1961 , accruing from the date of entry of this judgment
until the judgment is satisfied; and
IT IS FURTHER ORDERED and ADJUDGED that the Clerk of the Court is hereby
directed to enter judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure.
Dated :

~o:,

New York
1_ , 2023

4

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UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF NEW YORK

-----------------------------------------x
DAVID R. KITTAY, ESQ., as Trustee of the Bankruptcy
Estate of CESAR ALMANZAR, FELIX CORPORAN,
JUAN DE LA CRUZ, JUANERIS DE LA CRUZ,
JUAN DIAZ, JORGE DONE, VALENTIN MENALDO,
JUAN OGANDO, MARCUS REYES, and
WILSON ROSSIS, individually, on behalf of all others
similarly situated, and as Class Representatives,

14 Civ. 1810 (SHS) (AJP)

Plaintiffs,
-againstC & I ASSOCIATES, INC.,
C & I TELECOMMUNICATIONS, INC.,
WILLIAM GIANNINI, NELSON IZQUIERDO, and
ANDROKE POLONIO,
Defendants.

-----------------------------------------x
AFFIDAVIT OF CONFESSION OF JUDGMENT
WILLIAM GIANNINI, being duly sworn, deposes and says:
1.

I am a resident and citizen of Pennsylvania, residing in Lackawanna County. I am

the sole shareholder and president of C & I Associates, Inc. and C & I Telecommunications, Inc.
(the "Companies").
2.

On August__, 2016 I entered into a Settlement Agreement (the "Agreement") on

behalf of myself and the Companies, in which Plaintiffs (collectively, "Plaintiffs") agreed to
dismiss their claims for unpaid wages pursuant to the Fair Labor Standards Act of 1938, as
amended, the New York Labor Law, the New Jersey State Wage and Hour Law, and related
regulations, in exchange for, among other things, my agreement to make certain payments to
Plaintiffs by delivering payments to them. In the event that the Court requires a copy of the
1

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Settlement Agreement in order to enforce this Confession of Judgment, I hereby authorize
Plaintiffs to provide a true and correct copy to the Court.
3.

The Agreement, among other things, requires me and/or the Companies to make

certain payments to Plaintiffs as follows:
a. Payment in the aggregate amount of approximately $255,000, payable
according to the following schedule:
i. $15,000.00 ("Initial Payment") to be paid within thirty (30) calendar
days from the Court's approval of the Agreement, after which payment
of $165,000.00 shall thereafter be made on a monthly basis
(commencing on the l 5th day of the month following the month in which
the Initial Payment is made):
1. In the amount of Three Thousand Three Hundred Thirty-three
and 34/100 ($3,333,34) Dollars in months 1-12;
2. In the amount of Four Thousand and 00/100 ($4,000.00) Dollars
in months 13-24;
3. In the amount of Four Thousand Three Hundred Thirty-three
and 34/100 ($4,333.34) Dollars in months 25-36;
4. In the amount of Four Thousand One Hundred Sixty-six and
67/100 ($4,166.67) Dollars in months 37-42; and
ii. In addition to the above amounts, net proceeds of the sale(s) ofmy three
properties located at 602 Cedar Avenue, Scranton, PA; 1806-1808
Jackson St., Scranton, PA and 1250 Diamond Avenue, L7, Scranton,
PA:

2

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iii.

Fifty per centum (50%) of the net proceeds of the sale(s) of the above
properties-the gross sale price less transfer taxes, broker fees,
attorney's fees, utilities, advertising, and recording charges-to the
extent that the cumulative sale prices of the properties are $150,000.00
or less, plus, to the extent that the cumulative sale prices of the
properties exceeds $150,000.00, the entirety of the excess of the net
proceeds.

4.

If! or the Companies do not make the payments as required by the Agreement and

outlined above, I hereby confess judgment and authorize entry of a money judgment as set forth
below from the date hereof (the "Debt") in favor of Plaintiffs.
5.

If I or the Companies fail to make the payments as and when required by Paragraph

[ ] above, then I consent to entry of a money judgment against me and the Companies, jointly and
severally, in the amount of $510,000.00 less any monies already paid.
6.

I am voluntarily making this Affidavit of Confession of Judgment as an inducement

to Plaintiffs to enter into the Agreement, and to secure the performance of my, and the Companies•,
obligations contained therein.
7.

I understand and agree that the purpose of this Affidavit of Confession of Judgment

is to enable Plaintiffs to obtain a judgment against me in the event of a default under the
Agreement.
8.

This Confession of Judgment may be entered and enforced according to its terms

as described in the numbered paragraphs above and Paragraph 7 of the Agreement.

3

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9.

This Confession of Judgment is for a debt justly due to Plaintiffs, and the sum

confessed does not exceed the amount of my liability to Plaintiffs or the amount of liability alleged
in Plaintiffs' Second Amended Complaint.

10.

I and the Companies have consulted with our attorney and received independent

advice and counsel from him in determining to execute this Confession of Judgment, and I execute
this confession of judgment on behalf of myself and the Companies.

~ ~~

WILLIAM GIANNINI

C & I ASSOCIATES, INC.

By.IV~.~
William Giannini

C & I TELECOMMUNICATIONS, INC.
By:/?-~~
William Giannini

Sworn before me this

~ day of ~S5'\-,"" . 2016

WfcyCOtON
MILFORD'lotary Pub/It:
My Co111r111ui!!':~~E COIJNTY

Jun2s. 2020

4