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CASE NAME:Ma Cecilia M. Delgado v. Jose B. Villanueva
ALL PLAINTIFFS:Ma Cecilia M. Delgado, Ronald L. Espiritu, Givenchy Mae C. Alberto, Jerome M. Almilla, Anthony S. Antonio, Patricia A. Ballesteros, Constante L. Bautista, Lester P. Campos, Reynaldo P. De Luna, Mars A. Escobido, Ariel C. Gadicho, Joel E. Nipales, Moises John T. Que, Ivan George C. Sanico, John S. Sarmiento, Annabelle D. Sibayan, Hansel H. Yuson
ALL DEFENDANTS:Jose B. Villanueva, San Villa Ship Management Company, Lincoln Road Employment Advisory Services, LLC, South Beach Employment Advisory Services, LLC, Lorna Melgarejo, Jucilyn Villanueva
CITATION:2013 U.S. Dist. LEXIS 85692
DOCKET NUMBER:1:12-cv-03113, 1:13-cv-22259
SOURCE:Bloomberg, Lexis Search, News Article
TYPE OF CASE:Civil
RELATED CASE CITATION:
TYPE OF TRIAL:Judge
TRIAL JUDGE(S):William J. Zloch
YEAR OF ARREST:
YEAR OF VERDICT:2013
TYPE OF COURT:Federal Court
STATE:New York
FEDERAL DISTRICT:Southern District Court
STATE COUNTY:
AGE OF VICTIM(S):Adult
NUMBER OF VICTIMS:17
GENDER OF VICTIM(S):Female and Male
VICTIM'S COUNTRY OF ORIGIN:Philippines
METHOD OF ENTRY INTO THE U.S.:H-2B visa
WAS VICTIM CHARGED WITH A CRIME:
NUMBER OF DEFENDANT(S):6
GENDER OF DEFENDANT(S):Female and Male
TYPE OF INDUSTRY:Labor
CASE CATEGORIZATION:Hotel Industry, Restaurant/Bar Industry
FIRST CHARGE:
FIRST CHARGE US/STATE CODE CITATION:
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FINE IMPOSED:
FORFEITURE IMPOSED:
FIRST CLAIM:Trafficking Victims Protection Act
FIRST CLAIM US/STATE CODE CITATION: 18 U.S.C. § 1590
FIRST CLAIM RESULT:Dismissed
DAMAGES AWARDED FOR FIRST CLAIM:Alien Tort Statute
SECOND CLAIM:28 U.S.C. § 1350
SECOND CLAIM US/STATE CODE CITATION:
SECOND CLAIM RESULT:Dismissed
DAMAGES AWARDED FOR SECOND CLAIM:
THIRD CLAIM:Racketeer Influenced and Corrupt Organizations ("RICO") Act
THIRD CLAIM US/STATE CODE CITATION:18 U.S.C. § 1962
THIRD CLAIM RESULT:Dismissed
DAMAGES AWARDED FOR THIRD CLAIM:
FOURTH CLAIM:Fair Labor Standards Act ("FLSA")
FOURTH CLAIM US/STATE CODE CITATION:29 U.S.C. §§ 201 et seq.
FOURTH CLAIM RESULT:Dismissed
DAMAGES AWARDED FOR FOURTH CLAIM:
FIFTH CLAIM:Fraud and Negligent Misrepresentation
FIFTH CLAIM US/STATE CODE CITATION:
FIFTH CLAIM RESULT:Dismissed
DAMAGES AWARDED FOR FIFTH CLAIM:
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TOTAL AWARD:
APPEAL:No
EXPLANATION OF APPEAL:
APPELLATE OPINION CITATION:
HOLDING OF APPEALS COURT:
APPEAL STILL PENDING?:
SUMMARY:From 2007 to 2011, Plaintiffs were recruited by Defendants to work in the U.S. from the Philippines through promises of fair wages and safe living conditions. Upon arrival into the U.S., Plaintiffs' immigration documents were taken, and they were forced to work illegally in locations not in accordance with the terms of their visas. They were forced to stay in overcrowded, filthy shelters provided by Defendants. Defendants forced the plaintiffs to work in restaurants and resorts through verbal abuse, forcing them into debt, and threatening to report Plaintiffs to immigration officials should they attempt to find other employment. The case was dismissed for Plaintiffs failing to timely comply with Court orders.
Approval Status:Approved
Approver Comments:
            
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