19-3494 Paguirigan v. Prompt Nursing Employment Agency, LLC UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT SUMMARY ORDER RULINGS BY SUMMARY ORDER DO NOT HAVE PRECEDENTIAL EFFECT. CITATION TO A SUMMARY ORDER FILED ON OR AFTER JANUARY 1, 2007, IS PERMITTED AND IS GOVERNED BY FEDERAL RULE OF APPELLATE PROCEDURE 32.1 AND THIS COURT=S LOCAL RULE 32.1.1. WHEN CITING A SUMMARY ORDER IN A DOCUMENT FILED WITH THIS COURT, A PARTY MUST CITE EITHER THE FEDERAL APPENDIX OR AN ELECTRONIC DATABASE (WITH THE NOTATION ASUMMARY ORDER@). A PARTY CITING TO A SUMMARY ORDER MUST SERVE A COPY OF IT ON ANY PARTY NOT REPRESENTED BY COUNSEL. At a stated term of the United States Court of Appeals for the Second Circuit, held at the Thurgood Marshall United States Courthouse, 40 Foley Square, in the City of New York, on the 22nd day of September, two thousand twenty. PRESENT: GERARD E. LYNCH, RICHARD J. SULLIVAN, MICHAEL H. PARK, Circuit Judges. _____________________________________ Rose Paguirigan, individually and on behalf of all others similarly situated, Plaintiff-Counter-Defendant-Appellee, v. No. 19-3494 Prompt Nursing Employment Agency, LLC, DBA Sentosa Services, Sentosacare, LLC, Sentosa Nursing Recruitment Agency, Benjamin Landa, Bent Philipson, Berish Rubenstein, AKA Barry Rubenstein, Francis Luyun, Golden Gate Rehabilitation & Health Care Center LLC, Spring Creek Rehabilitation and Nursing Center, Defendants-Counter-Claimants-Appellants. _____________________________________ For Appellants: JOSEPH ZELMANOVITZ, Stahl & Zelmanovitz, New York, NY; Elliot Hahn, on the brief, Hahn Eisenberger PLLC, Brooklyn, NY. For Appellee: JOHN J.P. HOWLEY, The Howley Law Firm P.C., New York, NY. For Amicus Curiae American Tracy L. Cole, Baker & Hostetler LLP, Association of International New York, NY; Caroline M. Landt, Healthcare Recruitment: Baker & Hostetler LLP, Orlando, FL. Appeal from the United States District Court for the Eastern District of New York (Nina Gershon, Judge). UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the district court’s declaratory judgment and injunction orders are AFFIRMED and that the appeal is otherwise DISMISSED. Defendants-Counter-Claimants-Appellants Prompt Nursing Employment Agency, LLC (“Prompt Nursing”), SentosaCare, LLC, Sentosa Nursing Recruitment Agency, Benjamin Landa, Bent Philipson, Berish Rubenstein, Francis 2 Luyun, Golden Gate Rehabilitation & Health Care Center LLC (“Golden Gate”), and Spring Creek Rehabilitation and Nursing Center (“Spring Creek”) (collectively, “Defendants”) appeal a judgment of the district court (Gershon, J.), granting partial summary judgment in favor of the plaintiff class. Defendants are a collection of companies (and their owners) that both recruit Filipino nurses to come to the United States and employ them in New York- based nursing homes once they immigrate here. Plaintiff-Counter-Defendant- Appellee Rose Paguirigan was one of those nurses. After starting the visa process in 2007, Paguirigan finally began working at Spring Creek nursing home in June 2015. But just nine months later, she quit. The following year, Paguirigan filed a class action suit against Defendants, alleging that they underpaid their nurses and, more troublingly, violated federal human trafficking laws. Specifically, she alleged that Defendants inserted an illegal liquidated damages clause into each of the nurses’ contracts that would be triggered ...
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Source: All recent Immigration Decisions In All the U.S. Courts of Appeals