Reyes et al v. City of Rye et al
| Rvin Reyes, Israel Cortes Cruz, Edison Aguirre, Benigno Peralta, Jr., Gerry Roxas, Aires Bayaborda, Bencher Montebon, Arniel Gomez and Sheridame Garcia |
| City of Rye, Rye Golf Club, RM Staffing & Events, Inc., Morris Yacht and Beach Club, Inc. and Scott Yandrasevich |
| 7:2013cv09051 |
| December 23, 2013 |
| US District Court for the Southern District of New York |
| White Plains Office |
| Westchester |
| Nelson Stephen Roman |
| Fair Labor Standards Act |
| 29 U.S.C. ยง 201 |
| Plaintiff |
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Filing
117
OPINION & ORDER re: 108 MOTION to Certify Class Plaintiffs' Motion for Class Action Certification, filed by Benigno Peralta, Jr., Edison Aguirre, Bencher Montebon, Israel Cortes Cruz, Arniel Gomez, Rvin Reyes, Gerry Roxas, Sheridame Garcia, Aires Bayaborda. Plaintiffs' motion for class certification, appointment of class counsel, and provision of notice to the class is GRANTED and this Court ORDERS: The Unpaid Wage Class of "all waiters, bussers/runners, bartenders, dishwashers, kitchen staff, and all other hourly employees who worked for City of Rye, Rye Golf Club, and/or RM Staffing & Events, Inc. at any time from December 23, 2007 through the present" who allegedly have, under NYLL, u npaid overtime wages, unpaid spread-of-hours wages, and unreimbursed business expenses, and who allegedly did not receive wage notices that complied with NYLL is hereby certified; The Unpaid Tips Subclass of customer-facing employees, specifically "all waiters, bussers/runners, and bartenders who worked for City of Rye, Rye Golf Club, and/or RM Staffing & Events, Inc. at any time from December 23, 2007 through the present" who have allegedly had gratuities withheld in contraventi on of either NYLL or New York common law under theories of breach of contract, quantum meruit, unjust enrichment, and conversion is hereby certified; Named Plaintiffs Rvin Reyes, Israel Cortes Cruz, Edison Aguirre, Benigno Peralta, Jr., Gerry Roxas , Aries Beltran Bayaborda, Bencher Montebon, Arniel Gomez, and Sheridame Garcia are appointed as class representatives for the Unpaid Wage Class and Unpaid Tips Subclass; Pelton Graham LLC is appointed as class counsel; On or before August 29, 2016, Defendants shall provide to Plaintiffs the names, addresses, phone numbers, and email addresses of all potential plaintiffs, as defined in paragraph 1 above, in both paper form and digitally in Microsoft Word or Microsoft Excel format; The class ac tion notice, entitled NOTICE OF PENDENCY OF CLASS ACTION ("Notice"), attached to the Declaration of Brent E. Pelton, Esq. as Exhibit 9 is hereby approved for mailing to potential class members, providing class members (30) days to opt-out of the class; Plaintiffs shall mail the Notice to all potential plaintiffs no later than ten (10) days following Defendants' disclosure of the contact information for the potential class members; Defendants shall post in their Rye Golf Club l ocation the Notice, immediately upon receipt thereof, in a conspicuous location visible to all potential class members, and Defendants shall make copies of the Notice available to such potential class members; and To opt-out of this action, a pote ntial class member must send a written request which is postmarked, faxed, or emailed to class counsel no later than thirty (30) days after the date of the mailing of the Notice. At the conclusion of the opt-out period, class counsel shall promptl y file with the Court a list of all potential class members who opted-out, attaching copies of their individual opt-out submissions. The parties are directed to appear for a pre-trial conference on November 18, 2016 at 10:30 a.m. The Clerk of Court is respectfully directed to terminate the motion at ECF No. 108 and to reaudit the filing of Plaintiffs' Second Amended Complaint (ECF No. 95) to provide Plaintiffs the opportunity to correct the case caption. So Ordered. (Signed by Judge Nelson Stephen Roman on 7/28/2016) (yv)
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