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.|
|Filed:||April 9, 2013|
|Court:||New York Southern District Court|
|Office:||Foley Square Office|
|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|
|January 30, 2014||85||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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