Farez et al v. JGR Services, Inc. et al

Filing 30

ORDER with respect to 29 Motion to Enforce Judgment. Defendants are to respond to this application by 9/13/24. So Ordered. (Signed by Judge Kenneth M. Karas on 8/30/2024) (mml)

Case 7:21-cv-08205-KMK

Document 29

Filed 08/29/24

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HELEN F. DALTON & ASSOCIATES, P.C.
ATTORNEYS AT LAW
80-02 Kew Gardens Road, Suite 601, Kew Gardens, New York 11415
Tel. [phone] Fax. [phone]

August 29, 2024
Via ECF:
The Honorable Kenneth M. Karas, U.S.D.J.
United States District Court
Southern District of New York
300 Quarropas Street, Chambers 533
White Plains, NY 10601

Re:

Farez et al v. JGR Services, Inc. et al.
Civil Docket No.: 7:21-cv-08205-KMK

Dear Judge Karas:
Our office represents the five (5) Plaintiffs in this FLSA matter, and we respectfully submit
this letter-motion to enforce judgment due to the Defendants' breach of the Settlement Agreement
(the "Agreement").
Procedural History

Plaintiffs, and the Defendants, JGR Services, Inc. and, Cuetes Corp. and Juan Martinez as
an individual (collectively, the "Defendants") apprised the Court by way of Final Report of
Mediator# 1 dated January 25, 2023, that the court-ordered mediation in this case was held and
agreement was reached on all issues" (see Dkt. No. 25).
On March 16, 2023, the parties submitted their Motion for Settlement Approval pursuant
to Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199 (2d Cir. 2015) (see Dkt. No. 26),
together with their executed Settlement Agreement, Settlement Allocations and fully executed
Confession of Judgement annexed thereto (see Dkt. No. 26-1 ). A true and correct copy of the
parties' executed Agreement is attached hereto as Exhibit A.
After supplementing the parties' Motion with Plaintiffs' Counsel's Billing Records,
Qualifications and Lodestar Calculation of Attorneys' Fees (see Dkt. No. 27), the Court granted
the Parties' request for approval of their Settlement Agreement on December 21, 2023. (see Dkt.
No. 28).
Defendants' Breach of the Settlement Agreement

Pursuant to the payment schedule set forth in Paragraph 1 of the Agreement, Defendants
were required to make payments in the following manner, commencing 30 days after Court
approval of the Agreement:

Case 7:21-cv-08205-KMK

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First payment in the amount of $10,000.00 payable within 30
days of Court approval of the Agreement;
Within 30 days of tendering the first payment and continuing
for 18 consecutive months, Defendants shall provide
payment in the sum of Two Thousand Five-Hundred Dollars
and Zero Cents ($2,500.00).

Based on the approval date of the parties' Agreement, Defendants were required to tender
the first payment on January 21 , 2024 but Defendants failed to do so. Further, to date, Defendants
have not made any payments whatsoever pursuant to the Agreement.
Despite our numerous emails and communication to Defendants and Defendants' counsel
to cure their default, Defendants have failed and continue to fail to render any payments. On July
25, 2024, our office sent a Notice of Breach to Defendants' counsel via overnight mail and
electronic Il).ail, but we received no response. A true and correct cqpy of the Notice of Breach is
attached hereto as Exhibit B.
To date, Plaintiffs and our office have not been able to receive any settlement proceeds
from Defendants.
Judgment Should Be Entered in the Amount of $110,000.00 As Against All Defendants

Accordingly, we respectfully request that Your Honor enter Judgment against the
Defendants in the liquidated amount of $110,000.00 due to the Defendants' breach of the parties'
Settlement Agreement; and in accordance with the terms of the parties' Settlement Agreement and
Confessions of Judgment. See, Paragraph 3 of the Agreement.
Further, the parties agreed that this Court will retain jurisdiction over this matter in the
event either party defaults with respect to their obligations under the Agreement and to enforce the
terms of the parties' Agreement. See , Paragraph 8 of the Agreement.

-

To that end, we have attached hereto as Exhibit C, a Proposed Judgment Order for the
Court' s review and execution.
Closing

We thank Your Honor for her consideration on this matter, and we remain available to
provide any additional information as required to enter judgment against the Defendants.
Respectfully submitted,
Defendants are to respond to this
application by 9/13/24.
So Ordered.

~/24

Isl
Roman Avshalumov, Esq.

Case 7:21-cv-08205-KMK

Document 29

CC: (counsel of record via ECF)

Hector M Roman, Jr
Law Office of Hector M. Roman, P.C.
108-14 Jamaica Avenue
Richmond Hill, NY 11418
718-533-8444
718-732-2151 (fax)
hroman(a),roman-law. org
ATTORNEYS FOR THE DEFENDANTS

Filed 08/29/24

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