Preview
FILED: NEW YORK COUNTY CLERK 03/23/2021 10:46 AM INDEX NO. 154038/2018
NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 03/23/2021
Exhibit A
Copy of the Subpoena
FILED: NEW YORK COUNTY CLERK 03/23/2021 10:46 AM INDEX NO. 154038/2018
NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 03/23/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
VINCENT SETTECASI and xxxxxxxx xxxx,
individually and on behalf of others similarly situated,
Index No.: 154038/2018
Plaintiffs,
- against -
SUBPOENA DUCES TEC__UM
ARK RESTAURANTS CORP.; ARK BRYANT PARK,
LLC; ARK BRYANT PARK SOUTHWEST, LLC;
MICHAEL WEINSTEIN; ROBERT J. STEWART; and
any other related entities,
Defendants.
The People of the State of New York:
To: Kourageous Kapitan LLC
72-54 Manse Street
Forest Hills, NY 11375
WE COMMAND YOU, that all other business and excuses being laid aside, to appear and
attend before Leeds Brown Law, P.C., One Old Country Road, Suite 347, Carle Place, New York
11514 on March 25, 2020, at 9:30 a.m., and at any recessed or adjourned date and produce at the
time and place aforesaid the documents identified below.
Leeds Brown Law, P.C. represents Plaintiffs and the Class in this matter. The central
dispute in this litigation is whether Defêñdâñts failed to remit monies to members of the Class in
Defedsts'
en=ection with food services they rendered during banquet events held at venue
commody known as the Ark Restaurants. Litigation thus far has demonstrated that Kourageous
Kapitan LLC may be in possession, custody, and/or control of documents that will allow for the
identifying of members of the Class, as well as the extent of the services the individual members
of the Class provided.
FILED: NEW YORK COUNTY CLERK 03/23/2021 10:46 AM INDEX NO. 154038/2018
NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 03/23/2021
DOCUMENTS REQUESTED
Unless otherwise stated, the following records should be produced for any and all
individuals that performed work at the Ark Restaurants Corp., or on behalf of any business entity
affiliated with same (such as Ark Bryant Park, LLC, Ark Bryant Park Southwest, LLC, Michael
Weinstein, or Robert J. Stewart) such as waiters, waitresses, bar backs, bartenders, bussers,
captai=, food runners, maitre d's, bridal attendants, hosts, hostesses, at the facility commonly
known as the Ark Restaurants from May 2012 to the Present:
1. A list of all individuals assigned by Kourageous Kapitan LLC or related entities.
2. Pay records for these individuals maintained by Kourageous Kapitan LLC or related
entities.
3. Form W2s or Form 1099s provided to these individuals by Kourageous Kapitan LLC or
related entities.
4. Time records or staffing sheets for these individuals deo=†rating when work was
performed in conñêctiõñ with Kourageous Kapitan LLC or related entities.
5. Invoices received by Kourageous Kapitan LLC or related entities from Defendants Ark
Restaurants Corp., Ark Bryant Park, LLC, Ark Bryant Park Southwest, LLC, Michael
Weinstein, Robert J. Stewart, or other related entities pursuant to the assignment of these
individuals to the Ark Restaurants.
6. Emails to these individuals about job assigñmcnts from Kourageous Kapitan LLC or
related entities.
PROVIDE ONLY RECORDS - NO PERSONAL APPEARANCE IS REQUIRED
Failure to comply with this subpcena is punishable as a contempt of Court and shall make you
liable to the person on whose behalf this subpoena was issued for a penalty not to exceed fifty
dollars and all damages sustained by reason ofyour failure to comply.
LEEDs BROWN L .C.
ichhel A. Tompkins, Esq.
One Old Country Road, Suite 347
Carle Place, New York 11514
(516) 873-9550
Attorneys for Named Plaintiff & the Putative Class
FILED: NEW YORK COUNTY CLERK 03/23/2021 10:46 AM INDEX NO. 154038/2018
NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 03/23/2021
IEEDS BROWN LAW P.C.
One Old Country Road, Ste. 347
Carle Place, NY 11514
(516) 873-9550
Attorneys at Law
October 20, 2020
Via First Class Mail
Kourageous Kapitan LLC
72-54 Manse Street
Forest Hills, NY 11375
Re: Settecasi et. al. v. Ark Restaurants Corp. et. al.
Index No.: 154038/2018 (Sup. Ct. New York Cty.)
To Whom It May Concern:
This firm represents Vincent Settecasi and xxxxxxxx xxxx, and a putative class of
individuals who were employed by Ark Restaurants Corp. Ark Bryant Park, LLC, Ark Bryant Park
Southwest, LLC, Michael Weinstein, and Robert J. Stewart in various food and service capacities
at catered events from approximately May 1, 2012 to the present in the above-referenced matter.
Enclosed is a subpoena ordering you to produce the docume_tation requested in the subpaena. The
subpoena orders you to produce such documents on or before March 25, 2020 at 9:30 a.m. to:
Michael A. Tompkins, Esq.
LEEDS BROWN LAW, P.C.
One Old Country Road, Suite 347
Carle Place, New York 11514
mtompkins@leedsbrownlaw.com
You are lawfully required to produce the documents on that date. However, we do not
want to inconvenience you any more than is necessary. We would like to make this experience as
convenient as possible for you and we are willing to work hard to make that happen. Additionally,
such documents can be produced electronically to mtompkins@leedsbrownlaw.com. Accordingly,
we strongly recommcñd that you contact us to make such arrangements. Be aware, however, that
the subpoena is valid and enforceable.
Respectfully Submitted,
LEEDS BROWN LAW, P.C.
FILED: NEW YORK COUNTY CLERK 03/23/2021 10:46 AM INDEX NO. 154038/2018
NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 03/23/2021
Michael A. Tompkins
One Old Country Road, Suite 347
Carle Place, New York 11514
(516) 873-9550
Encl.
FILED: NEW YORK COUNTY CLERK 03/23/2021 10:46 AM INDEX NO. 154038/2018
NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 03/23/2021
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
V1NCENT SETTECASI and xxxxxxxx xxxx,
Index No.: 154038/2018
individually and on behalf of others similarly situated,
Plaintiffs,
AFFIDAVIT OF SERVICE
- against -
ARK RESTAURANTS CORP.; ARK BRYANT PARK,
LLC; ARK BRYANT PARK SOUTHWEST, LLC;
MICHAEL WE1NSTE1N; ROBERT J. STEWART; and
any other related entities,
Defendants.
STATE OF NEW YORK )
) SS:
COUNTY OF NEW YORK )
Nicolette Keefe, being duly sworn, deposes and says that I am not a party to this action,
am over 18 years of age and reside in Nassau County, New York.
On March 5, 2020 I served a true copy of the Subpoenas Duces Tecum with accompanying
Cover Letters, for the above-referêñced matter, enclosed in a post-paid wrapper in an official
depository under the exclusive care and custody of the United States Postal Service within New
York State, addressed to each of the following persons at the last known address set forth after
each name.
To: Kourageous Kapitan LLC Top Shelf Staffing
39*
72-54 Manse Street 68 West Street, Suite 3W
Forest Hills, NY 11375 New York, NY 10018
Sworn to before me this
55
day pf March 2
of Nicolette K efe
MICHAELALEXANDERTOMPKINS
- 5tate of Hew York
Notary Public
HO. 02TO6242480
Qualified in Nassau County
Expires May 31, 2023
My Commission
Preview
FILED: NEW YORK COUNTY CLERK 03/23/2021 10:46 AM INDEX NO. 154038/2018 NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 03/23/2021 Exhibit A Copy of the Subpoena FILED: NEW YORK COUNTY CLERK 03/23/2021 10:46 AM INDEX NO. 154038/2018 NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 03/23/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK VINCENT SETTECASI and xxxxxxxx xxxx, individually and on behalf of others similarly situated, Index No.: 154038/2018 Plaintiffs, - against - SUBPOENA DUCES TEC__UM ARK RESTAURANTS CORP.; ARK BRYANT PARK, LLC; ARK BRYANT PARK SOUTHWEST, LLC; MICHAEL WEINSTEIN; ROBERT J. STEWART; and any other related entities, Defendants. The People of the State of New York: To: Kourageous Kapitan LLC 72-54 Manse Street Forest Hills, NY 11375 WE COMMAND YOU, that all other business and excuses being laid aside, to appear and attend before Leeds Brown Law, P.C., One Old Country Road, Suite 347, Carle Place, New York 11514 on March 25, 2020, at 9:30 a.m., and at any recessed or adjourned date and produce at the time and place aforesaid the documents identified below. Leeds Brown Law, P.C. represents Plaintiffs and the Class in this matter. The central dispute in this litigation is whether Defêñdâñts failed to remit monies to members of the Class in Defedsts' en=ection with food services they rendered during banquet events held at venue commody known as the Ark Restaurants. Litigation thus far has demonstrated that Kourageous Kapitan LLC may be in possession, custody, and/or control of documents that will allow for the identifying of members of the Class, as well as the extent of the services the individual members of the Class provided. FILED: NEW YORK COUNTY CLERK 03/23/2021 10:46 AM INDEX NO. 154038/2018 NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 03/23/2021 DOCUMENTS REQUESTED Unless otherwise stated, the following records should be produced for any and all individuals that performed work at the Ark Restaurants Corp., or on behalf of any business entity affiliated with same (such as Ark Bryant Park, LLC, Ark Bryant Park Southwest, LLC, Michael Weinstein, or Robert J. Stewart) such as waiters, waitresses, bar backs, bartenders, bussers, captai=, food runners, maitre d's, bridal attendants, hosts, hostesses, at the facility commonly known as the Ark Restaurants from May 2012 to the Present: 1. A list of all individuals assigned by Kourageous Kapitan LLC or related entities. 2. Pay records for these individuals maintained by Kourageous Kapitan LLC or related entities. 3. Form W2s or Form 1099s provided to these individuals by Kourageous Kapitan LLC or related entities. 4. Time records or staffing sheets for these individuals deo=†rating when work was performed in conñêctiõñ with Kourageous Kapitan LLC or related entities. 5. Invoices received by Kourageous Kapitan LLC or related entities from Defendants Ark Restaurants Corp., Ark Bryant Park, LLC, Ark Bryant Park Southwest, LLC, Michael Weinstein, Robert J. Stewart, or other related entities pursuant to the assignment of these individuals to the Ark Restaurants. 6. Emails to these individuals about job assigñmcnts from Kourageous Kapitan LLC or related entities. PROVIDE ONLY RECORDS - NO PERSONAL APPEARANCE IS REQUIRED Failure to comply with this subpcena is punishable as a contempt of Court and shall make you liable to the person on whose behalf this subpoena was issued for a penalty not to exceed fifty dollars and all damages sustained by reason ofyour failure to comply. LEEDs BROWN L .C. ichhel A. Tompkins, Esq. One Old Country Road, Suite 347 Carle Place, New York 11514 (516) 873-9550 Attorneys for Named Plaintiff & the Putative Class FILED: NEW YORK COUNTY CLERK 03/23/2021 10:46 AM INDEX NO. 154038/2018 NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 03/23/2021 IEEDS BROWN LAW P.C. One Old Country Road, Ste. 347 Carle Place, NY 11514 (516) 873-9550 Attorneys at Law October 20, 2020 Via First Class Mail Kourageous Kapitan LLC 72-54 Manse Street Forest Hills, NY 11375 Re: Settecasi et. al. v. Ark Restaurants Corp. et. al. Index No.: 154038/2018 (Sup. Ct. New York Cty.) To Whom It May Concern: This firm represents Vincent Settecasi and xxxxxxxx xxxx, and a putative class of individuals who were employed by Ark Restaurants Corp. Ark Bryant Park, LLC, Ark Bryant Park Southwest, LLC, Michael Weinstein, and Robert J. Stewart in various food and service capacities at catered events from approximately May 1, 2012 to the present in the above-referenced matter. Enclosed is a subpoena ordering you to produce the docume_tation requested in the subpaena. The subpoena orders you to produce such documents on or before March 25, 2020 at 9:30 a.m. to: Michael A. Tompkins, Esq. LEEDS BROWN LAW, P.C. One Old Country Road, Suite 347 Carle Place, New York 11514 mtompkins@leedsbrownlaw.com You are lawfully required to produce the documents on that date. However, we do not want to inconvenience you any more than is necessary. We would like to make this experience as convenient as possible for you and we are willing to work hard to make that happen. Additionally, such documents can be produced electronically to mtompkins@leedsbrownlaw.com. Accordingly, we strongly recommcñd that you contact us to make such arrangements. Be aware, however, that the subpoena is valid and enforceable. Respectfully Submitted, LEEDS BROWN LAW, P.C. FILED: NEW YORK COUNTY CLERK 03/23/2021 10:46 AM INDEX NO. 154038/2018 NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 03/23/2021 Michael A. Tompkins One Old Country Road, Suite 347 Carle Place, New York 11514 (516) 873-9550 Encl. FILED: NEW YORK COUNTY CLERK 03/23/2021 10:46 AM INDEX NO. 154038/2018 NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 03/23/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK V1NCENT SETTECASI and xxxxxxxx xxxx, Index No.: 154038/2018 individually and on behalf of others similarly situated, Plaintiffs, AFFIDAVIT OF SERVICE - against - ARK RESTAURANTS CORP.; ARK BRYANT PARK, LLC; ARK BRYANT PARK SOUTHWEST, LLC; MICHAEL WE1NSTE1N; ROBERT J. STEWART; and any other related entities, Defendants. STATE OF NEW YORK ) ) SS: COUNTY OF NEW YORK ) Nicolette Keefe, being duly sworn, deposes and says that I am not a party to this action, am over 18 years of age and reside in Nassau County, New York. On March 5, 2020 I served a true copy of the Subpoenas Duces Tecum with accompanying Cover Letters, for the above-referêñced matter, enclosed in a post-paid wrapper in an official depository under the exclusive care and custody of the United States Postal Service within New York State, addressed to each of the following persons at the last known address set forth after each name. To: Kourageous Kapitan LLC Top Shelf Staffing 39* 72-54 Manse Street 68 West Street, Suite 3W Forest Hills, NY 11375 New York, NY 10018 Sworn to before me this 55 day pf March 2 of Nicolette K efe MICHAELALEXANDERTOMPKINS - 5tate of Hew York Notary Public HO. 02TO6242480 Qualified in Nassau County Expires May 31, 2023 My Commission