Galicia et al v. Porto Restaurant, Inc. et al
| Juan Sergio Galicia |
| Porto Restaurant, Inc. and John Halikias |
| 1:2014cv07911 |
| September 30, 2014 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Queens |
| Jesse M. Furman |
| Fair Labor Standards Act |
| 29 U.S.C. ยง 201 |
| Plaintiff |
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Filing
21
MEMORANDUM OPINION & ORDER re: 18 MOTION to Certify Class conditional collective action filed by Juan Sergio Galicia: Plaintiffs' motion for conditional certification of a collective action comprised of "all employees of the defendants in the employment of the defendants any time after three years before the date of the complaint" is GRANTED. (Mem. Law Supp. Mot. To Conditionally Certify Collective Action (Docket No. 20) 4). The Court reserves judgment, h owever, on approval of Plaintiff's proposed Notice and Consent to Become a Party Plaintiff form (attached to this Order as Exhibit A). First, Plaintiff submitted the proposed notice, procedures, and consent form (in the form of a proposed Ord er) directly to the Court, and thus Defendants may not have had the opportunity to review them. Second, the Court has several concerns with Plaintiff's proposed Notice and Consent forms. In particular, the Court believes that: (1) opt-in Pla intiffs should be directed to submit their Consent forms directly to the Clerk of Court of the Southern District of New York, rather than to counsel for Plaintiff; (2) the Notice should indicate that opt-in Plaintiffs should not contact the Court if they have any questions regarding their eligibility to participate in the action; and (3) the Consent to Become a Party Plaintiff form should indicate that opt-in Plaintiffs designate the named Plaintiff to act on their behalf, but that they a re permitted to proceed with alternative counsel of their own choosing. The parties are directed to meet and confer with regard to the above-named concerns and any proposed changes Defendants may have and to submit a proposed Order, Notice, and Co nsent to Become a Party Plaintiff no later than February 20, 2015. The parties are advised to review Saleem v. Corporate Transportation Group, Ltd., 12-CV-8450 Docket No. 67, for a Notice and Consent to Become a Party Plaintiff approved by this Court. The Clerk of Court is directed to terminate Docket No. 18. (Signed by Judge Jesse M. Furman on 2/6/2015) (tn)
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