Marte et al v. Westbury Mini Mart, Inc. et al
| Rafael Marte and Felix Pena |
| Maria G Moronta, Freddy Collado, Huntington Deli, Inc., Fermin Nunez, Victorino D. Nunez, Riverhead Deli, Corp., Jose R. Rodriguez, Stop & Go Minimarket Corp., Stop & Go Minimarket NY Corp., Jose G. Tineo, Westbury Deli & Grocery, Inc. and Westbury Mini Mart, Inc. |
| 2:2016cv00053 |
| January 6, 2016 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Sandra J. Feuerstein |
| Arlene R. Lindsay |
| Labor: Fair Standards |
| 29:201 Fair Labor Standards Act |
| None |
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Filing
25
ORDER ADOPTING REPORT AND RECOMMENDATIONS - For the reasons set forth herein, Magistrate Judge Lindsay's Report is accepted in its entirety and, for the reasons set forth herein, (1) defendants' motion to dismiss pursuant to Rule 12(b)(6) o f the Federal Rules of Civil Procedure is granted to the extent set forth in the Report; (2) plaintiffs' FLSA and NYLL claims in the original complaint arising from defendants' alleged failure to pay overtime wages are dismissed; (3) plaint iffs' motion for leave to file an amended complaint pursuant to Rule 15(a)(2) of the Federal Rules of Civil Procedure is granted to the extent that plaintiffs may serve and file an amended complaint in accordance with the Report by no later than 3/20/2017, and plaintiffs' motion is otherwise denied; and (4) the branch of defendants' motion seeking to sever plaintiffs' claims pursuant to Rule 21 of the Federal Rules of Civil Procedure is denied. SO Ordered by Judge Sandra J. Feuerstein on 3/3/2017. (Tirado, Chelsea)
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