Ayala et al v. Looks Great Services, Inc. et al
| Renato Ayala, Blas Gutierez, Leonel Jimenez and Miguel Serrano |
| Kristian Todd Agoglia, John and Jane Does and Looks Great Services, Inc. |
| 2:2014cv06035 |
| October 15, 2014 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Steven I. Locke |
| Arthur D. Spatt |
| Labor: Fair Standards |
| 29 U.S.C. ยง 201 Denial of Overtime Compensation |
| Plaintiff |
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Filing
24
MEMORANDUM OF DECISION & ORDER: Based on the foregoing (PLEASE SEE ORDER FOR FURTHER DETAILS), the Court grants the Defendants motion to dismiss the claims asserted by the Plaintiffs Jimenez, Guitierez, and Serrano under NYLL § 195(3) and denies the Defendants motion to dismiss the Plaintiff Ayalas NYLL § 195(3) claim. The Court further grants the Defendants motion to dismiss the Plaintiffs claims against the Defendant Agoglia without prejudice. The Plaintiffs are granted leave to file a third amended complaint within thirty-days of the date of this Order for the sole purpose of curing the deficiencies identified by the Court with regard to their claims against Agoglia. So Ordered by Judge Arthur D. Spatt on 6/23/2016. (Ortiz, Grisel)
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Filing
15
MEMORANDUM OF DECISION & ORDER granting 4 motion to dismiss for failure to state a claim; granting 7 motion to dismiss for failure to state a claim; the Defendants motion to dismiss is granted without prejudice solely with respect to the Plai ntiffs overtime and state law claims, and their motion for sanctions is denied. The Plaintiffs are granted leave to file a second amended complaint within thirty-days of the date of this Order. Failure to do so will result in the dismissal of their claims with prejudice. So Ordered by Judge Arthur D. Spatt on 7/23/2015. (Coleman, Laurie)
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