Argudo et al v. Parea Group LLC, et al

Filing 143

ORDER: It is further ORDERED that the parties shall appear for a conference on January 6, 2020, at 3 p.m. Unless the Court directs otherwise, the conference will be held in Courtroom 1105 of the Thurgood Marshall United States Courthouse, 40 Cent re Street, New York, NY (i.e., the Courts usual courtroom). ( Status Conference set for 1/6/2020 at 03:00 PM in Courtroom 1105, 40 Centre Street, New York, NY 10007 before Judge Jesse M. Furman.) (Signed by Judge Jesse M. Furman on 12/10/2019) (va)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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:
HENRY ARGUDO, et al.,
:
:
Plaintiffs,
:
:
-v:
:
PAREA GROUP LLC, et al.,
:
:
Defendants.
:
:
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18-CV-678 (JMF)
ORDER

JESSE M. FURMAN, United States District Judge:
As discussed on the record at the conference held on December 10, 2019, Defendants still
have not complied with the Court’s repeated Orders to produce a complete “list, in Microsoft
Excel format, of all persons employed by Defendants as captains, waiters, bussers, runners,
bartenders, and barbacks, from January 26, 2012, to the present” and all related information, per
the Court’s Order at ECF No. 120. The sanctions imposed by the Court will continue to run until
Defendants comply. See ECF No. 130. As discussed, Defendants are granted until December
30, 2019, to produce complete (new) lists. Failure to do so will result in additional sanctions —
up to and including entry of default judgment.
By the same date, Defendants shall submit an affidavit, sworn under oath, from a
custodian of their employment records or someone with knowledge of the production that either
(1) states that the produced list is complete and accurate (i.e., contains all of the information
ordered by the Court for all members of the certified class for the entire class period), or (2)
explains why it is not complete and thoroughly describes any and all efforts undertaken by
Defendants to collect and produce the required information.

By noon on January 3, 2020, Plaintiffs shall file a letter on ECF stating their view as to
whether Defendants have fully complied with the Court’s Orders, and if Defendants have not,
specifically describing the deficiency or deficiencies in the information produced and attaching
the produced list(s), either to be filed under seal or subject to the Court’s Individual Rules and
Practices regarding the redaction of sensitive information and Rule 5.2 of the Federal Rules of
Civil Procedure.
It is further ORDERED that the parties shall appear for a conference on January 6, 2020,
at 3 p.m. Unless the Court directs otherwise, the conference will be held in Courtroom 1105 of
the Thurgood Marshall United States Courthouse, 40 Centre Street, New York, NY (i.e., the
Court’s usual courtroom).

SO ORDERED.
Dated: December 10, 2019
New York, New York

__________________________________
JESSE M. FURMAN
United States District Judge

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