Cabrera v. Stephens et al
| Ines Cabrera |
| Attaullah Khan and Christopher Stephens |
| 2:2016cv03234 |
| June 17, 2016 |
| 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 206 Collect Unpaid Wages |
| Plaintiff |
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Filing
44
ORDER denying DE 31 , Motion to Strike, and granting in part and denying in part DE 22 , Motion to Certify FLSA Collective Action. For the reasons set forth in the attached written order, the Court grants in part and denies in part, Plaintiffs' ; Motion for Conditional Certification as follows: (1) Conditionally Certifying this case as a collective action including any and all of Defendants' current and former non-managerial employees who were employed from 2/20/2014 through to the pre sent at any of Defendants locations; (2) Order Defendants, within sixty days of the Court's Order, to produce a computer-readable data file containing the names, last known mailing addresses, last known home and mobile telephone numbers, last kn own email addresses, work locations, and dates of employment, of all potential collective action members who worked for Defendants at any point from 2/20/2014 to the present; (3) The notice of this action, in the form submitted, will be in English an d Spanish, and sent via regular mail as well as text message and e-mail; (4) Defendants will post the Notice and Reminder Notice in English and Spanish in a place where employees are likely to view it all 7-Eleven store locations owned and/or operate d by Defendants for the entire opt-in period; (5) Plaintiffs will send the proposed reminder notice in both English and Spanish to the potential collective members thirty days after sending the initial notice, via regular mail, text message and e-mai l; and (6) The FLSA statute of limitations is tolled from the date of filing of this motion, until the date of the issuance of this order. Additionally, Plaintiffs' motions to strike and preclude the Affidavits and Declarations are denied in their entirety. So Ordered by Magistrate Judge Steven I. Locke on 9/28/2017. (Perri, Anthony)
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