Alexander et al v. Boscaino Auto Collision, Ltd. et al
| Juan Donate, Noel Rodriguez and Desmond Alexander |
| Speedway Auto Center, Frank Spallone and Boscaino Auto Collision, Ltd. |
| 1:2011cv03526 |
| July 22, 2011 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Viktor V. Pohorelsky |
| Jack B. Weinstein |
| Labor: Fair Standards |
| 29 U.S.C. ยง 201 Fair Labor Standards Act |
| Plaintiff |
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Filing
80
ORDER ADOPTING 74 REPORT AND RECOMMENDATIONS. Ordered by Judge Jack B. Weinstein, on 10/15/2012. (Barrett, C)
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Filing
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ORDER granting 15 Motion to Certify Class as follows: (1) The Court hereby certifies that the Plaintiffs may proceed with their FLSA claim as a collective action pursuant to 29 U.S.C. § 216 (b); (2) The attached Notice of Pendency with Op t-in Form, submitted by Plaintiffs, is appropriate and may be utilized; (3) Within thirty (30) days, Defendants shall send to Plaintiffs' counsel at the facsimile number above, last known names and addresses of tow truck drivers who worked for defendants from July 22, 2008 to date; (4) Defendants shall post conspicuously two (2) copies of the attached Notice of Pendency with Opt-in Form for sixty (60) days from the date of this Order with the date on page 5 reflecting sixty (60) days f rom the date of this Order as well. Said copy with appropriate date will be supplied by Plaintiffs' counsel, Barbara B. Kalish, The Scher Law Firm, LLP, to Defendants' counsel, Daniel Kogan forthwith; and (5) Defendants' counsel sha ll notify and certify to Plaintiffs' counsel that: a. The Notice and Opt-in form have been posted; b. The exact location of the two (2) posted notices; and c. Defendants are not interfering with or retaliating against tow truck drivers who may read said notice and opt-in. Ordered by Senior Judge Jack B. Weinstein, on 12/1/2011. (Barrett, C)
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