Galicia v. Tobiko Restaurant, Inc. et al
| Juan S. Galicia |
| Jimmy H. Lin and Tobiko Restaurant, Inc. |
| 2:2016cv04074 |
| July 22, 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 201 Fair Labor Standards Act |
| Plaintiff |
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Filing
50
MEMORANDUM OF DECISION & ORDER: There are two pending motions in this putative wage-and-hour action-a motion to conditionally certify the action as a collective pursuant to the Fair Labor Standards Act, 29 U.S.C. § 216(b) 25 , and a cross-mot ion to dismiss the complaint 22 for failure to prosecute under Federal Rule of Civil Procedure ("FED. R. CIV. P.") 41(b). In September 2019, the Court referred the motion to certify to United States Magistrate Judge Steven I. Locke, purs uant to FED. R. CIV. P. 72. Only the cross-motion to dismiss is presently before the Court. For the reasons that follow, the Court denies the cross motion. For the foregoing reasons, the Court denies the Defendants' motion to dismiss for failure to prosecute. SEE ATTACHED DECISION for details. It is So Ordered by Judge Arthur D. Spatt on 3/11/2020. (Coleman, Laurie)
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Filing
18
DECISION & ORDER granting 13 Motion to Dismiss for Failure to State a Claim; denying 15 Motion for Sanctions. The Court finds that the Defendants have failed to satisfy their burden of demonstrating that Plaintiffs claims are objectively unreas onable, or that the conduct of the Plaintiff and his counsel is otherwise sanctionable. Accordingly, the Defendants motion for an award of sanctions under Rule 11 is denied. SEE ATTACHED DECISION for details. So Ordered by Judge Arthur D. Spatt on 6 /3/2017. Tobiko Restaurant, Inc. (counter claimant), Juan S. Galicia (counter defendant) (individually and in behalf of all other persons similarly situated) and Jimmy H. Lin (counter claimant) (jointly and severally) terminated. (Coleman, Laurie)
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