Viktor V. Pohorelsky

United States District Court for the Eastern District of New York Retired 2010 · served 1995–2010 20 signed orders read

Judge Pohorelsky no longer hears cases. This profile is preserved as a historical record of how they ruled.

Signed rulings

A grounded sample of orders signed by this judge, with the verbatim dispositive language.

Dixon v. City of New York
1:03-cv-00343 · 2008-09-30
Summary judgment (defendant) Granted in part

“the R&R is adopted in its entirety. Defendant's motion for summary judgment is granted on all claims except plaintiff's retaliation claim based on the events and aftermath of plaintiff's encounter with Sweeting-Lindsay on March 5, 2002, and plaintiff's assertion of personal liability against Sweeting-Lindsay under 42 U.S.C. § 1981 and the New York State and City Human Rights Laws.”

Marin v. JMP Restoration Corp.
1:09-cv-01384 · 2013-05-21
Default judgment (plaintiff) Granted

“the Court has reviewed the record and, finding no clear error, hereby adopts Magistrate Judge Pohorelsky's R&R as the opinion of the Court. Accordingly, the Court directs the Clerk of Court to enter final judgment against defendants and in favor of Alvaro Marin, Fernando Marin, Tomas Rosas and Hugo Sanchez for their NYLL claims”

Regeda v. City of New York
1:09-cv-05427 · 2013-02-19
Motion for judgment on pleadings (defendant) Granted in part

“the court grants in part and denies in part defendants' motion for judgment on the pleadings pursuant to Federal Rule of Civil Procedure 12(c), and grants plaintiff leave to amend in part his complaint”

Moore v. Diversified Collection Services, Inc.
1:07-cv-00397 · 2013-04-15
Motion for attorney fees (plaintiff) Granted

“On March 19, 2013, Judge Pohorelsky issued a Report and Recommendation (‘R&R’) awarding plaintiffs counsel $51,801.75 in attorney's fees and $2,342.67 in costs ... the Court adopts Judge Pohorelsky's R&R in its entirety as the opinion of the Court.”

Chime v. Peak Security Plus, Inc.
1:13-cv-00470 · 2015-09-29
Motions to dismiss (defendant) Denied

“The Court finds there was no clear error in the Report and Recommendation's determination that Defendants' motion to dismiss be denied.”

Class certification (plaintiff) Granted

“there was no clear error in the Report and Recommendation's determination that the Court ‘conditionally certify [P]laintiffs proposed collection action under 29 U.S.C. § 216(b) ... and ’grant the [P]laintiffs motion for class certification and appoint [P]laintiffs counsel as class counsel.”

Yagudin v. Goldin
1:09-cv-05639 · 2011-05-05
Sanctions involuntary dismissal (sua_sponte_on_defendant_application) Granted

“Judge Pohorelsky recommended that plaintiff's complaint be stricken and that a default be entered against the plaintiff as to defendants' counterclaims. ... this Court adopts the R&R in its entirety ... ORDERED that plaintiffs complaint is stricken; ORDERED that the Clerk of Court shall enter a default against plaintiff as to defendants' counterclaims”

Narvaez v. City of New York
1:13-cv-03099 · 2014-05-08
Motions to dismiss (defendant) Granted

“the Court dismisses Narvaez's complaint without prejudice for failure to prosecute pursuant to Fed. R. Civ. P. 4l(b).”

Rolex Watch U.S.A., Inc. v. Aulov
1:10-cv-03547 · 2011-07-15
Default judgment (plaintiff) Granted

“the undersigned hereby recommends that a default judgment be entered against the defendant Chanan Aulov, awarding the plaintiff $1,000,000 in statutory damages, $6,697 in attorney's fees and costs, and permanently enjoining the defendant from using the Rolex name and trademarks for commercial purposes.”

Sanz v. Myrtle Owner, LLC
1:09-cv-01655 · 2011-07-05
Motions to dismiss (defendant) Denied

“Magistrate Judge Viktor V. Pohorelsky has issued a Report and Recommendation ... recommending that defendants' joint motion to dismiss be denied in its entirety. ... the court incorporates the R&R by reference and adopts it in its entirety.”

Sik Gaek, Inc. v. Yogi's II, Inc.
1:10-cv-04077 · 2013-05-31
Motions to dismiss (defendant) Denied

“Magistrate Judge Pohorelsky recommended that Kim's motion be denied. ... I hereby adopt the Report and Recommendation denying defendant's motion to dismiss ... defendant's motion to dismiss is denied.”

Kuehne v. Local No. 1 (United Assn of Journeymen)
1:09-cv-01974 · 2012-08-08
Summary judgment (both) Granted in part

“By R&R dated February 15, 2012, Magistrate Judge Pohorelsky recommended that the parties' motions for partial summary judgment by granted in part and denied in part. ... the Court adopts the R&R with a brief clarification.”

Chen v. Oceanica Chinese Restaurant, Inc.
1:13-cv-04623 · 2018-08-20
Class certification (plaintiff) Denied

“On April 2, 2014, District Judge Frederic Block adopted in full a report and recommendation issued by Magistrate Judge Viktor Pohorelsky denying class certification as to the NYLL claims because Plaintiff had not met the Rule 23(a) numerosity or adequacy requirements, or the Rule 23(b) predominance requirement.”

Caseload & timing

From public federal docket records for this judge.

His assigned-docket sample is duty-docket criminal and miscellaneous work, which terminates quickly (often same-day for ex parte applications) and carries no nature-of-suit code or civil duration. His civil reasoning workload lived on the district judges' dockets under a -VVP referral suffix. For the motion timeline below, one such referred civil case was pulled in full: Marin v. JMP Restoration Corp. (FLSA/NYLL wage case, 1:09-cv-01384, filed 2009-04-02, terminated 2013-05-22 -- about 1,510 days), in which Pohorelsky managed the case, decided the nondispositive motions directly, and issued the dispositive R&Rs the district judge adopted.

A historical record

Judge Pohorelsky no longer hears cases. This profile stays available as a record of how they ruled. If you're preparing for a matter, start from the court's current bench.