Garcia v. Pancho Villa's of Huntington Village, Inc. et al
Antonio Garcia |
Pancho Villa's of Huntington Village, Inc. and Agostino Abbatvello, Jr. |
2:2009cv00486 |
February 6, 2009 |
US District Court for the Eastern District of New York |
Labor: Fair Standards Office |
Suffolk |
E. Thomas Boyle |
Sandra J. Feuerstein |
Plaintiff |
Federal Question |
29:201 Fair Labor Standards Act |
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Filing 125 MEMORANDUM AND OPINION: Plaintiffs' motion for collective certification, pursuant to the FLSA, is granted. Plaintiffs' motion for class certification of their New York Labor Law claims, pursuant to Rule 23 of the Federal Rules of Civil Pr ocedure, is also granted. Plaintiffs Antonio Garcia and Jose Amaya are appointed class representatives. The parties shall file a list of trial witnesses and trial exhibits no later than January 16, 2012. The trial will commence with jury selection on February 6, 2012 at 9:00 a.m. So Ordered by Magistrate Judge E. Thomas Boyle on 12/15/2011. (Minerva, Deanna) |
Filing 116 MEMORANDUM AND OPINION: For the reasons contained in the attached Memorandum Opinion & Order, plaintiffs' motion for summary judgment is granted with respect to the Twenty-Second, Twenty-Third and Twenty-Fourth Affirmative Defenses asserted by d efendants in their Answer and those defenses are dismissed. Plaintiffs' motion is denied in all other respects. Defendants' motion for summary judgment is denied in its entirety. So Ordered by Magistrate Judge E. Thomas Boyle on 4/14/2011. (Minerva, Deanna) |
Filing 76 MEMORANDUM AND OPINION: For the reasons contained in the attached Memorandum Opinion & Order, plaintiffs' motion to amend their Summons and Complaint a second time is granted in its entirety. Plaintiffs are directed to file their Second Amdended Complaint within five (5) days of the date of this Order. So Ordered by Magistrate Judge E. Thomas Boyle on 3/11/2010. (Minerva, Deanna) |
Filing 72 MEMORANDUM AND OPINION: For the reasons contained in the attached Memorandum Opinion and Order, plaintiffs' motion for authorization to proceed as a collective action is granted. Defendants are directed to furnish plaintiffs, within ten (10) da ys of the date of this Order, with the names and last known physical addresses of those individuals who may be potential plaintiffs in this action. Plaintiffs' proposed Notice of Pendency and Consent to Join Form is hereby approved, subject to the modification discussed herein. Fianlly, plaintiffs are authorized to circulate their Notice of Pendency and Consent to Join Form to all current and former employees of defendants who have been employed within six years prior to the commencement of the within action. Plaintiffs are further authorized to post the Notice of Pendency at all three Pancho Villa's locations named as defendants herein. SEE Memorandum Opinion and Order for further details. So Ordered by Magistrate Judge E. Thomas Boyle on 1/15/2010. (Minerva, Deanna) |
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