Zaldivar v. Anna Bella's Cafe, LLC et al
| Marvin Zaldivar |
| Anna Bella's Cafe, LLC, Anna Bella Franco and Michael Franco |
| 2:2011cv01198 |
| March 14, 2011 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| E. Thomas Boyle |
| Joanna Seybert |
| Labor: Fair Standards |
| 29 U.S.C. ยง 206 Collect Unpaid Wages |
| Plaintiff |
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Filing
13
MEMORANDUM AND ORDER granting in part and denying in part 4 Motion to Dismiss. For the foregoing reasons, the Court hereby DENIES Defendants' motion to dismiss for lack of subject matter jurisdiction; GRANTS Defendants' request to c onvert its motion to dismiss under Rule 12(b)(6) to a motion for partial summary judgment under Rule 56 on the sole issue of enterprise coverage under the FLSA; RESERVES JUDGMENT on the now-converted motion for partial summary judgment pending sup plemental briefing by the parties. Plaintiff shall submit his supplemental opposition and evidence in support on or before March 12, 2012, and Defendants shall submit their supplemental reply and evidence in support on or before March 19, 2012. No extensions will be granted. The Court further DENIES Plaintiff's request for leave to move for sanctions. So Ordered by Judge Joanna Seybert on 2/28/2012. C/ECF (Valle, Christine)
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