Hernandez et al v. Enjoy Food Corp. et al
| Amelia Hernandez, Juan Eduardo Hernandez and Edith Hernandez Rojas |
| Enjoy Food Corp. and Maxwell Bristol |
| 1:2011cv04360 |
| September 9, 2011 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Roslynn R. Mauskopf |
| Andrew L. Carter |
| Labor: Fair Standards |
| 28 U.S.C. ยง 1331 Fed. Question |
| None |
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Filing
70
MEMORANDUM AND ORDER denying 52 Motion to Amend/Correct/Supplement; adopting in part Report and Recommendations as to 59 Report and Recommendations.; finding as moot 65 Motion to Strike: For the reasons set forth in the attached Memorandum and Order, plaintiffs' motion to strike Mercury's Notice of Removal is moot, plaintiffs' motion for leave to file the Proposed Second Amended Complaint is denied in its entirety, and defendants' motion for a stay is denied. This action is recommitted to Judge Bloom for all further pre-trial proceedings, including distribution of the notice of collective action as she deems appropriate, further discovery, and settlement discussions if warranted. Ordered by Judge Roslynn R. Mauskopf on 3/13/2014. (Mauskopf, Roslynn)
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Filing
59
REPORT & RECOMMENDATION granting in part and denying in part 52 Motion to Amend/Correct/Supplement: It is respectfully recommended that plaintiffs' motion to file a second amended complaint should be granted in part and denied and part. Plai ntiffs should be granted leave to amend the complaint to add defendant Mercury Delivery Services. Plaintiffs' request to amend the complaint to add Iyad Saleh should be denied. If adopted, plaintiffs shall immediately serve and file a second a mended complaint that conforms with this R&R and a revised notice and consent to join lawsuit form that adds Mercury and complies with the Court's January 3, 2013 Order 47 . See attached R&R. Ordered by Magistrate Judge Lois Bloom on 4/19/2013. (Nair, Rekha) Modified on 4/19/2013 (Nair, Rekha).
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Filing
46
MEMORANDUM AND ORDER denying 40 Motion to Set Aside Judge Bloom's Order preliminarily certifying this case as an FLSA collective action. Ordered by Judge Roslynn R. Mauskopf on 12/27/2012. (Mauskopf, Roslynn)
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Filing
37
ORDER granting 25 Motion to Certify Class: Plaintiffs' motion for conditional certification of a collective action pursuant to §216(b) of the FLSA is hereby granted. Plaintiffs' counsel shall amend the notice in accordance with the attached order and shall electronically file a revised notice of lawsuit and consent to join lawsuit form in English and Spanish by 3:00 p.m. on October 3, 2012. Defendants shall produce the names, last known addresses, and telephone numbers of potential opt-in plaintiffs to plaintiffs' counsel by the same date. See attached Memorandum and Order. Ordered by Magistrate Judge Lois Bloom on 9/24/2012. (Nair, Rekha)
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