Ramirez et al v. Riverbay Corp.

Plaintiff: Jonathan Frias, Rosaly Ramirez, Lorna Thomas, Linda Williams and Katherine Bell
Defendant: Riverbay Corp. and Marion Scott Real Estate, Inc.
Case Number: 1:2013cv02367
Filed: April 9, 2013
Court: New York Southern District Court
Office: Foley Square Office
County: Westchester
Presiding Judge: John G. Koeltl
Nature of Suit: Labor: Fair Standards
Cause of Action: 29:201 Fair Labor Standards Act
Jury Demanded By: Plaintiff

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Date Filed#Document Text
August 1, 2014 220 Opinion or Order of the Court OPINION AND ORDER re: 118 CROSS MOTION for Partial Summary Judgment filed by Peter Merola, Vernon Cooper, Marion Scott Real Estate, Inc., Riverbay Corp., 80 MOTION to Dismiss filed by Peter Merola, Vernon Cooper, Marion Scott Real Estate, Inc., Riverbay Corp., 87 MOTION for Partial Summary Judgment filed by Edna Mendez, Jamie Bernier-Johnson, Balto Pepa, Carmelo L. Perez, Francisco Colon, Katherine Bell, Jonathan Frias, Becir Palamar, Rosaly Ramirez, Linda Wi lliams, Lorna Thomas, Alberta Robinson. The Court has considered all of the arguments of the parties. To the extent not specifically addressed above, the remaining arguments are either moot or without merit. For the reasons explained above, the de fendants' motions under Rules 12(b)(6) and 56(a) to dismiss the comp time and nighttime differential claims on § 301 preemption grounds is denied, and Defendant Merola's motion to dismiss all claims against him is denied. The motions b y Plaintiffs Frias and Thomas for summary judgment with respect to liability on their comp time claims are granted and Williams's motion for summary judgment on her comp time claims is denied. The defendants' cross-motions on all comp time claims are denied. The motions by Plaintiffs Bell, Frias, Ramirez, Thomas, and Williams for summary judgment on their nighttime differential claims are denied, and the defendants' cross-motions for summary judgment on these plaintiffs' nighttime differential claims are denied. The Clerk is directed to close Docket Nos. 80, 87, and 118. SO ORDERED. (Signed by Judge John G. Koeltl on 8/01/2014) (ama)
August 1, 2014 221 Opinion or Order of the Court OPINION AND ORDER: re: 129 MOTION to Certify Class. filed by Jonathan Frias, Rosaly Ramirez, Linda Williams, Katherine Bell, Lorna Thomas. The Court has considered all of the arguments of the parties. To the extent not specifically addresse d above, the remaining arguments are either moot or without merit. For the reasons explained above, the plaintiffs' motion for class certification is granted. The Clerk is directed to close Docket No. 129.The plaintiffs should provide a proposed order for class notice by August 15, 2014. The defendants may provide any objections and response by August 29, 2014.SO ORDERED. (Signed by Judge John G. Koeltl on 8/01/2014) (ama)
January 30, 2014 85 Opinion or Order of the Court MEMORANDUM OPINION AND ORDER 103917: The Court accepts the agreed-upon language of the notice, and accepts in part and rejects in part the defendants' proposed modifications to the notice. Accordingly, the defendants' proposed modification s to Sections 1, 10, and 13 advising plaintiffs of the right not to join the lawsuit are rejected. The proposed addition of the specific language quoted here is therefore accepted. Accordingly, the defendants proposed modification to Section 5 is r ejected. For precisely the reasons expressed in that Opinion, the defendants' proposed modification to Section 10 of the notice advising the plaintiffs of their right to pursue alternatives to litigation is rejected. This language has the prim ary effect of attempting to dissuade putative members of the collective from pursing possibly valid claims, and is therefore rejected. This is a transparent scare tactic that may deter plaintiffs with possibly valid claims from joining the lawsuit, and this proposal is therefore rejected. Accordingly, this proposed addition to the consent-to-join form is rejected. For the foregoing reasons, the language of the proposed notice that has been agreed upon by the parties is accepted, and the defendants' proposed modifications to the agreed-upon language are accepted in part and rejected in part, as indicated above. (Signed by Judge John G. Koeltl on 1/30/2014) (djc) Modified on 1/31/2014 (djc). Modified on 1/31/2014 (nt).

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Plaintiff: Jonathan Frias
Represented By: Brett Reed Gallaway
Represented By: Louis Ginsberg
Represented By: Lee Scott Shalov
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Plaintiff: Rosaly Ramirez
Represented By: Lee Scott Shalov
Represented By: Louis Ginsberg
Represented By: Brett Reed Gallaway
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Plaintiff: Lorna Thomas
Represented By: Lee Scott Shalov
Represented By: Louis Ginsberg
Represented By: Brett Reed Gallaway
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Plaintiff: Linda Williams
Represented By: Lee Scott Shalov
Represented By: Louis Ginsberg
Represented By: Brett Reed Gallaway
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Plaintiff: Katherine Bell
Represented By: Lee Scott Shalov
Represented By: Louis Ginsberg
Represented By: Brett Reed Gallaway
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Defendant: Riverbay Corp.
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Defendant: Marion Scott Real Estate, Inc.
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