Gardner v. Western Beef Properties, Inc.
Plaintiff: George Gardner
Defendant: Western Beef Properties, Inc.
Case Number: 1:2007cv02345
Filed: June 11, 2007
Court: US District Court for the Eastern District of New York
Office: Brooklyn Office
County: Kings
Presiding Judge: Joan M. Azrack
Presiding Judge: Raymond J. Dearie
Nature of Suit: Labor: Fair Standards
Cause of Action: 29 U.S.C. ยง 201 Fair Labor Standards Act
Jury Demanded By: Plaintiff

Available Case Documents

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Date Filed Document Text
October 31, 2014 Opinion or Order Filing 227 ORDER ADOPTING 225 REPORT AND RECOMMENDATIONS. So Ordered by Judge Raymond J. Dearie on 10/30/2014. (fwd'd for jgm) (Lee, Tiffeny)
April 16, 2013 Opinion or Order Filing 192 MEMORANDUM & ORDER: The Court adopts the Report and Recommendation of Magistrate Judge Joan M. Azrack. Accordingly, for the reasons explained by Magistrate Azrack, the Court (i) decertifies the Current Class, (ii) denies plaintiffs' request for the Non-Meat Subclass, and (iii) grants plaintiffs' request for the Dairy and Receiving Department Subclasses. Ordered by Judge Raymond J. Dearie on 4/16/2013. (Chee, Alvin)
February 16, 2012 Opinion or Order Filing 175 ORDER. Plaintiffs' counsel's request to send a letter to the putative class members 171 is granted in part and denied in part. See attached Order. Ordered by Magistrate Judge Joan M. Azrack on 2/16/2012. (Terranova, Robert)
December 9, 2011 Opinion or Order Filing 174 MEMORANDUM & ORDER: The Court adopts the 162 Report and Recommendation of Magistrate Judge Azrack as supplemented above and denies plaintiffs' 145 motion for certification of a state-wide class of present or former employees of Western B eef who hold or held the title "Department Manager" or "Assistant Department Manager." Plaintiffs' motion for leave to amend their Amended Complaint solely to delete paragraph 128 is granted. Plaintiffs' alternative r equest for certification of a state-wide class of present or former employees of Western Beef who hold or held the title "Department Manager" of a department "where they worked alone or with only one other employee" is denied without prejudice. Ordered by Judge Raymond J. Dearie on 12/9/2011. (Chee, Alvin)
July 8, 2011 Opinion or Order Filing 142 ORDER: Finding no clear error, the Court accordingly adopts that portion of Magistrate Azrack's recommendation that opt-in plaintiffs Jancy Mejia, Jose Lopez, Frandy Jean Baptiste, Franciso Munoz, Jose Ramirez, and Peter Krepek be dismissed. Th e Court does not adopt the portion of the Report and Recommendation that recommends dismissal of Mr. Pellicane but instead allows him to continue as an opt-in plaintiff. The Court endorses, however, defendants' request that "a firm date&qu ot; be set for Mr. Pellicane's deposition and recommits the matter to Magistrate Azrack for scheduling, and for alerting Mr. Pellicane that his failure to appear for that deposition will result in his dismissal from this action. Ordered by Senior Judge Raymond J. Dearie on 7/7/2011. (Chee, Alvin)
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Plaintiff: George Gardner
Represented By: Pamela Jae Eisner
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Defendant: Western Beef Properties, Inc.
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