Fernandez et al v. HR Parking Inc et al

Filing 161

ORDER. The Court notes that plaintiffs' Exhibit 1 consists of approximately 141 pages of time records. The jury must not be asked to do any tedious calculations. Thus, it is important that the jury not be asked to use these records unaided for the purpose of calculating damages. The Court assumes calculations must be made of hours worked for each plaintiff during certain time periods to account for changes in hourly wages and changes in the liquidated damages amounts. The parties must agr ee on these numbers in advance and they must be put in a single chart that the jury can easily use. Any proposed chart of this kind shall be presented to all other parties by Tuesday, June 15, 2021 at 12:00 noon. Any objection to the calculations or summaries in the chart shall be given to the other side by June 16, 2021. In the extremely unlikely event that the parties cannot agree on the contents of the chart, they shall present their disagreement by letter on June 17, 2021.On a separate point, any response to the pending motion to quash (Docket # 160) shall be filed by June 16, 2021. (Signed by Magistrate Judge Gabriel W. Gorenstein on 06/11/2021) (Gorenstein, Gabriel)

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ---------------------------------------------------------------X BRYAN FERNANDEZ, et al., : Plaintiffs, -v.HR PARKING INC., et al., : 16 Civ. 2762 (GWG) : ORDER : Defendants. : ---------------------------------------------------------------X GABRIEL W. GORENSTEIN, UNITED STATES MAGISTRATE JUDGE The Court notes that plaintiffs’ Exhibit 1 consists of approximately 141 pages of time records. The jury must not be asked to do any tedious calculations. Thus, it is important that the jury not be asked to use these records unaided for the purpose of calculating damages. The Court assumes calculations must be made of hours worked for each plaintiff during certain time periods to account for changes in hourly wages and changes in the liquidated damages amounts. The parties must agree on these numbers in advance and they must be put in a single chart that the jury can easily use. Any proposed chart of this kind shall be presented to all other parties by Tuesday, June 15, 2021 at 12:00 noon. Any objection to the calculations or summaries in the chart shall be given to the other side by June 16, 2021. In the extremely unlikely event that the parties cannot agree on the contents of the chart, they shall present their disagreement by letter on June 17, 2021. On a separate point, any response to the pending motion to quash (Docket # 160) shall be filed by June 16, 2021. SO ORDERED. Dated: June 11, 2021 New York, New York

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