McLean et al v. Garage Manage Corp. et al
| Henry McLean and Edwin Rivera |
| Garage Management Association LLC, Chapman Consulting Payroll, LLC, Richard M. Chapman, Garage Manage Corp. and Chapman Consulting LLC |
| 1:2010cv03950 |
| May 12, 2010 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Bronx |
| Denise L. Cote |
| Fair Labor Standards Act |
| 29 U.S.C. ยง 621 |
| None |
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The following documents for this case are available for you to view or download:
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Filing
176
OPINION AND ORDER: #101722 While GMC has not shown it acted in good faith in failing to pay Garage Managers overtime wages, the plaintiffs have also not shown that GMC's violation of law was willful. As a result, the statute of limitations for t he FLSA claims is two years and the Garage Managers will be paid FLSA liquidated damages. Pursuant to a separate scheduling order, the parties will be given an opportunity to present their damage calculations based on this Opinion's conclusions of law, and plaintiffs' counsel will be given an opportunity to submit an application for attorneys' fees and costs. (Signed by Judge Denise L. Cote on 4/19/2012) (rdz) Modified on 4/19/2012 (jab).
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Filing
125
OPINION & ORDER #100708 re: 100 MOTION for Summary Judgment filed by Chapman Consulting Payroll, LLC, Garage Management Association LLC, Chapman Consulting LLC, Garage Manage Corp., Richard M. Chapman and 99 MOTION for Summary Judgment filed by Elias Sabja, Rafael Gautreaux, Jorge E. Romero, Patrick J. Phillips, Hugo D. Grajeda, Raphael Jerez, Claude Godet, Henry McLean, Cerdan G. Washington, Chatelal Lutchamn, Jose Romero, Huascar Santana, Frantz Paillant, Miguel R. Granodeoro, Edwin River a, Fari Gutierrez. Plaintiffs' motion for summary judgment denying the Garage Managers status as exempt employees is granted and the defendants' motion seeking their exemption is denied. The defendants' summary judgment motion in suppo rt of a good faith defense under Section 10 of the Portal-to-Portal Act is denied. Plaintiffs' three motions on the calculation of overtime are granted. Both parties' summary judgment motions concerning whether the Garage Managers were paid for the time taken to make the daily drop offs of cash receipts are denied. Plaintiffs' motion for summary judgment on Richard Chapman being an employer under the relevant statutes is granted. And, finally, defendants' motion for dismissal of six plaintiffs on the ground that they were not employed during the notice period is denied without prejudice to renewal after GMC provides plaintiffs' counsel with documentary confirmation of the dates of employment for these six employees. (Signed by Judge Naomi Reice Buchwald on 8/26/2011) (ab) Modified on 8/30/2011 (ajc).
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Filing
91
OPINION AND ORDER denying re: 71 MOTION to Dismiss the Amended Complaint and to Compel Arbitration, filed by Chapman Consulting Payroll, LLC, Garage Management Association LLC, Chapman Consulting LLC, Garage Manage Corp., Richard M. Chapman. (Signed by Judge Denise L. Cote on 3/29/11) (cd)
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