Franco v. Jubilee First Avenue Corporation et al
| Diego Franco |
| Jubilee First Avenue Corporation and Ilda Araujo |
| 1:2014cv07729 |
| September 24, 2014 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Laura Taylor Swain |
| Fair Labor Standards Act |
| 29 U.S.C. ยง 201 |
| Plaintiff |
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Filing
103
OPINION & ORDER re: 74 MOTION for Summary Judgment filed by Juan C. Juarez, Diego Franco, Mustapha Babaci. For these reasons, the Court GRANTS the plaintiffs' summary judgment motion in regard to (1) defendant Eric Macaire's sta tus as an employer at both Jubilee locations; (2) defendant Ilda Araujo's status as an employer at Jubilee on First; (3) defendant Jubilee First Avenue Corp.'s liability as a successor entity of Jubilee, Inc.; (4) defendants' failure t o comply with the notice requirements to entitle them to pay plaintiffs the tip credit wage; (5) defendants' failure to pay plaintiffs spread of hour wages; and (6) defendants' failure to provide wage notices as mandated by New York Labor Law § 195(3). The Court DENIES the plaintiffs' motion for summary judgment in regard to (1) Araujo's status as an employer at Jubilee on 54th; (2) defendants' allegedly illegal retention of portions of the plaintiffs' tips at Jubilee on 54th; (3) plaintiff Franco's claim that defendants' failure to provide wage notices as required by New York Labor Law § 195(1); and (4) plaintiffs' entitlement to liquidated damages (except to find that the plaintiffs will be entitled to liquidated damages under both statutory regimes if they establish a right to liquidated damages at trial). The Court sua sponte grants summary judgment in favor of defendants on all other plaintiffs' New York Labor Law § ; 195(1) claims (excepting plaintiff Franco). A conference to schedule final pre-trial filings and set a trial date is scheduled for Friday, September 9, 2016, at 11:30 a.m. in Courtroom 219, 40 Foley Square, New York, New York. If either party is no t available on that date, they must contact Courtroom Deputy Joseph Mendieta immediately at (212) 805-0286. (As further set forth in this Order.) (Status Conference set for 9/9/2016 at 11:30 AM in Courtroom 219, 40 Centre Street, New York, NY 10007 before Magistrate Judge Sarah Netburn.) (Signed by Magistrate Judge Sarah Netburn on 8/25/2016) (kko)
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