The case is NOT A federal case. Thus it supposed to go to the NEW YORK STATE court.
The US Department of Labor exempts Harry’s Nurses Registry from The Fair Labor Standards Act of 1938 29 U.S.C. § 203 (FLSA). The judge used the wrong analysis to grant the summary judgment.
WHD considers six factors derived from the Supreme Court:
(1) The nature and degree of the potential employer’s control;
(2) The permanency of the worker’s relationship with the potential employer;
(3) The amount of the worker’s investment in facilities, equipment, or helpers;
(4) The amount of skill, initiative, judgment, or foresight required for the worker’s services;
(5) The worker’s opportunities for profit or loss; and
(6) The extent of integration of the worker’s services into the potential employer’s
business.
Complaints against both judges for misinterpreting the law: Judicial Conduct Complaints No.: 02-16-90045-jm and 02-16-90046-jm
Background: Judge Sifton is a federal judge in Brooklyn appointed by President Jimmy Carter. Judge Sifton ruled some cases that have reversed by the appellate division. The ruling was term-limit ruling one of them and stands out for its impact on recent New York City politics, with the mayor’s re-election last week. Another notable case was RU-486 where Sifton ruled illegal United States’ seizure of RU-486 abortion pills that a pregnant woman had bought in France.
The court shall not determine that Harry Dorvilier and his corporation Harry’s Nurses Registry violated the fair labor standard act 1938, 29 U.S.C. 207 (a) (1). Rather, their responsibility to enforce the law; whereas the determination of violation shall become from the department of labor by conducting an audit. According to the lawsuit, Linda JACOBS, Wendy Slaughter, Kenneth Brown, Individually and On Behalf of All Others Similarly Situated, v. The New York Foundling Hospital, neither Harry’s Nurses Registry nor Harry Dorvilier violated the FLSA as Harry’s Nurses Registry is not an enterprise or commerce but a public agency under the pursuant to 203 (r)(2)(c) that defined Harry’s Nurses Registry as home care agency licensed by the public health law, article 36. These agencies also exempt from the Fair Labor Standard Act 1993 (Long Island Care at Home, Ltd. v. Coke).
Staff Information
Chambers: (718) 613-2540
Courtroom Deputy: (718) 613-2545
Office Address:
United States Courthouse
Room 1426 S
225 Cadman Plaza East
Brooklyn, NY 11201
Nicholas G. Garaufis entered service as a United States District Judge in the Eastern District of New York on August 28, 2000. Judge Garaufis was nominated by President Clinton on February 28, 2000, upon the recommendation of U.S. Senator Daniel Patrick Moynihan(D-NY). On May 24, 2000, the United States Senate confirmed Judge Garaufis by unanimous consent.
-
-
Ghost summary judgement by Judge Charles P. Sifton
03/09/2009 MEMORANDUM , United States District Judge & ORDER: Defendants’ motion for reconsideration is DENIED. Plaintiffs’ motion for summary judgment is GRANTED with respect to Gayle and DENIED without prejudice with respect to the remaining Plaintiffs. Gayle is awarded $7,390 in unpaid overtime and the same amount as liquidated damages, for a total of $14,780. Defendants shall be jointly and severally liable for those damages. Ordered by Judge Nicholas G. Garaufis on 03/09/2009. (Lee, Tiffeny) (Entered: 03/09/2009)
Misrepresentation law 216 b) law. The Judge job was to enforcement of law by the department of labor, IRS not only cited.
Misrepresntation 1: Judge Charles P. Sifton only cited the law 216(b), he never enforce the law to Claudia Gayle vs Harry’s Nurses Registry, Inc., and Harry Dorvilier
Misrepresntation 2: Oreder: At any given moment, Harry’s Nurses Registry may have up to five hundred nurses on its referral list. Judge job to enforce the law not order to disclose the list of nurses with details identity
Ghost summary judgement by Nicholas G. Garaufis
12/23/2010 MEMORANDUM , United States District Judge & ORDER: Plaintiff’s motion for summary judgment on damages is GRANTED. Plaintiffs shall be awarded $7390.00 in unpaid overtime wages and the same amount in liquidated damages, for a total of $7390.00; Defendants shall be jointly and severally liable for these damages. The defendants’ motion to strike the Plaintiffs’ reply memorandum of law is DENIED. The plaintiffs’ motion for sanctions is DENIED. Ordered by Judge Nicholas G. Garaufis on 12/23/2010. (Lee, Tiffeny) (Entered: 12/23/2010)
Stealing the money, under ghost that is the power of the ghost by judgment Nicholas G. Garaufis and Judge Charles P. Sifton
Why Gayle Claudi took 3 years to take the money (10-23-2010 Ordered and she took money in 01-28-2013 The Check Number (1st) 16647-48 , 11,085.00 , Date 01-28-2013 and Check Number (2nd): 17622 and date Issued 1/27/2014
Harry Dolivier 14th Amendment the check towards him
Checks received by Ghost Claudia Gayle 3 years later
9/18/2012 MEMORANDUM & ORDER: Plaintiffs’ motion for summary judgment on damages is GRANTED. Plaintiffs shall be awarded $309,535.88 in unpaid overtime wages and the same amount in liquidated damages, for a total of $619,071.76; Defendants shall be jointly and severally liable for these damages. The defendants’ motion to strike the Plaintiffs’ reply memorandum of law is DENIED. The plaintiffs’ motion for sanctions is DENIED. Ordered by Judge Nicholas G. Garaufis on 9/14/2012. (Lee, Tiffeny) (Entered: 09/18/2012)
10/22/2013 JUDGMENT is entered in favor of Plaintiff Ramdeo Chankar Singh and against Defendants Harry’s Nurses Registry, Inc. and Harry Dorvilier a/k/a Harry Dorvilien, jointly and severally, in the amount of $300.00, and that it is further ORDERED AND ADJUDGED that judgment is entered in favor of Plaintiff Getty Rocourt and against Defendants Harry’s Nurses Registry, Inc. and Harry Dorvilier a/k/a Harry Dorvilien, jointly and severally, in the amount of $1,140.00, and that it is further ORDERED AND ADJUDGED that supplemental judgment is entered in favor of Plaintiff Jane Burke Hylton and against Defendants Harry’s Nurses Registry, Inc. and HarryDorvilier a/k/a Harry Dorvilien, jointly and severally, in the amount of $6,512.00, and that it is further ORDERED AND ADJUDGED that supplemental judgment is entered in favor of Plaintiff Yolanda Robinson and against Defendants Harry’s Nurses Registry, Inc. and Harry Dorvilier a/k/a Harry Dorvilien, jointly and severally, in the amount of $118,512.00, and that it is further ORDERED AND ADJUDGED that judgment is entered in favor of Plaintiffs and against Defendants Harry’s Nurses Registry, Inc. and Harry Dorvilier a/k/a Harry Dorvilien, jointly and severally, awarding attorneys’ fees of $127,754.17 and costs of $2,460.29. So Ordered by Judge Nicholas G. Garaufis on 10/16/2013. (Lee, Tiffeny) (Entered: 10/22/2013)
4/14/2015 MEMORANDUM & ORDER re 221 Motion for Attorney Fees. The plaintiffs’ motion for additional attorneys’ fees and costs related to post-judgment proceedings and the appeal to the U.S. Court of Appeals for the Second Circuit is GRANTED IN PART. Pursuant to 29 U.S.C. § 216(b), the court AWARDS to Plaintiffs $41,429.17 in post-judgment attorney’s fees and costs. So Ordered by Judge Nicholas G. Garaufis on 4/06/2015. (fwd’d for jgm) (Lee, Tiffeny) (Entered: 04/14/2015)
Ex A to GR Affirmation opposing fee application
Proposed MDL No. 54 and Request For Information and Clarification Regarding Court System Unwritten Rules and Procedure
08/23/2021 MDL No 54 Clarification & Ex A to GR Affirmation opposing fee application. Case MDL No. 3020. Hon. John G. Roberts, Jr., Chief Justice of the United States, Hon. Debra Ann Livingston, Chief Judge Second Circuit Court of Appeals, Hon. Margo K. Bodie, Chief Judge Eastern District of New York. So Ordered by Judge Karen on 08/23/2021. (fwd’d for jgm) (Lee, Tiffeny) (Entered: 08/23/2021)
Isigi v. Harry’s Nurses Registry Inc. [1:16-cv-2218(FB)(SMG)]
Judge Frederic Block:
Magistrate Judge Steven M. Gold:
Chief Magistrate Judge Steven M. Gold was appointed to the Eastern District bench in 1993 and served as the Court’s Chief Magistrate Judge from 2007-2016. He was the judge for Isigi v. Harry Dorvilier and Harry’s Nurses Registry Inc.
Judge Pamela K. Chen put an injunction against Harry’s Nurses Registry Inc. while she denied summary judgment in favor of HNR in McFarlane v. Harry’s Nurses Registry Inc. and its corporate officer Harry Dorvilier (I: I 7-cv-06350-PKC-PK). On the other hand, judges from Gayle v. Harry’s Nurses Registry Inc (1:07-cv-04672-NGG-PK) and Isigi v. Harry’s Nurses Registry et al (1:16-cv-02218-FB-SMG) cases misinterpreted the labor law in their judgment. This indicates double standards in the judge’s stands.
In accordance with Labor law, the case Gayle v. Harry’s Nurses Registry Inc. should have never existed due to the violation of law by Gayle’s lawyer Jonathan Bernstein who bypassed the standard process of the labor law. Labor law requires identifying probable cause and collecting consent by the Department of Labor or IRS. However, it was never followed. As a result, the court should have never issued a docket number in the Gayle Case.
