Balderramo v. Go New York Tours Inc.

Background

Victor H. Alvarado Balderramo filed a proposed class action on March 27, 2015, against Go New York Tours Inc. and Asen Kostadinov. The claims were brought under the Fair Labor Standards Act, New York Labor Law, the Minimum Wage Act, and the Wage Theft Protection Act. The opinion states that Kostadinov was Go New York Tours Inc.'s president and owner.

Procedural history

The court states that an earlier opinion in this action granted in part and denied in part the parties' cross-motions for summary judgment. On April 10, 2023, the parties reported that they were engaged in private mediation. They later reported that they were preparing a settlement agreement and expected to seek preliminary approval of a class-action settlement under Rule 23(e) of the Federal Rules of Civil Procedure. They also stated that they would seek approval under the procedure discussed in Cheeks together with a motion for final approval of the class settlement.

The court requested additional status reports in July 2024 and April, July, and July 2025. In the July 18, 2025 status report, the parties again said they were still finalizing a class-action settlement. The opinion states that there had been no activity in the case since then.

Order

Judge Edgardo Ramos directed the parties to appear for a conference on October 8, 2025, at 11:30 a.m. The conference was set for Courtroom 619 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York 10007. The order did not rule on whether to approve the reported settlement and did not resolve the underlying wage claims.