Primiani et al v. Vintage 185 Inc. et al

Plaintiff: Rudy Cruz and Maria Primiani
Defendant: Jeffrey Rumman and Vintage 185 Inc.
Case Number: 2:2018cv02237
Filed: April 16, 2018
Court: US District Court for the Eastern District of New York
Office: Central Islip Office
Referring Judge: Anne Y. Shields
Presiding Judge: Arthur D. Spatt
Nature of Suit: Labor: Fair Standards
Cause of Action: 29:201 Fair Labor Standards Act
Jury Demanded By: None

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Date Filed Document Text
February 6, 2019 Opinion or Order Filing 18 MEMORANDUM OF DECISION & ORDER: MEMORANDUM OF DECISION & ORDER: For the foregoing reasons, the Court GRANTS the Plaintiffs' 10 motion to dismiss and DENIES the Defendants' 11 motion to amend. The Court dismisses the Defendants' cou nterclaims without prejudice but will provide the Defendants an opportunity to seek leave to amend consistent with this opinion. Pursuant to Federal Rule of Civil Procedure 42(a), the Court consolidates Primiani et al v. Vintage 185 Inc. et al., 2: 18-cv-02237-ADS-AYS (E.D.N.Y.) with Burns et al. v. Vintage 185 Inc. et al., 2:18-cv-02893-ADS-AKT (E.D.N.Y), with the following amended caption: (see "Decision"). Accordingly, it is hereby: ORDERED that the Clerk of the Court is directed to consolidate the two actions set forth above under Case Number 2:18-cv-02893 and Case Number 2:18-cv-02237 is to be closed; and it is further ORDERED that the consolidated action shall proceed under Case Number 2:18-cv-02893 and that all filings ar e to be made only under Case Number 2:18-cv-02893; and it is further ORDERED that the Plaintiffs are directed to file, within thirty days of the date of this Order, a Consolidated Complaint incorporating the claims of the complaints in the Primiani A ction and the Burns Action. The Consolidated Complaint shall not assert new allegations against the Defendants and the Defendants, having answered the Complaints in the Primiani Action and the Burns Action, will be under no obligation to file additio nal answers to the Consolidated Complaint. ORDERED that the Defendant must file any proposed amended counterclaims no later than twenty-one days from the filing of the Consolidated Complaint. SEE ATTACHED DECISION for details. It is So Ordered by Judge Arthur D. Spatt on 2/6/2019. (Coleman, Laurie)

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Plaintiff: Rudy Cruz
Represented By: Raymond Nardo
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Plaintiff: Maria Primiani
Represented By: Raymond Nardo
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Defendant: Jeffrey Rumman
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Defendant: Vintage 185 Inc.
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