Pefanis v. Westway Diner, Inc.

Pefanis v. Westway Diner, Inc.

Plaintiff:	Andreas Pefanis
Defendant:	Westway Diner, Inc.
Case Number:	1:2008cv00002
Filed:	January 2, 2008
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	Queens
Presiding Judge:	Denise L. Cote
Nature of Suit:	Labor: Fair Standards
Cause of Action:	29 U.S.C. § 201 Fair Labor Standards Act
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
September 7, 2010	Filing 67 OPINION AND ORDER: Westway's May 3, 2010 motion to "decertify" the collective and class actions, or, in the alternative, for partial summary judgment, is denied. Pefanis' June 4, 2010 motion for leave to amend the first amended complaint is granted. Further proceedings in this action shall be governed by a separate scheduling order to be issued with this Opinion. (Signed by Judge Denise L. Cote on 9/7/2010) (jpo)
December 29, 2009	Filing 47 ORDER that the exclusion request forms previously submitted by current employees of defendant Westway Diner are invalid; that curative notice shall be posted in the workplace at Westway Diner and revised exclusion request forms shall be sent to curre nt employees who previously opted out of this class action; that counsel for both parties shall submit to the Court a proposed curative notice to be posted in the workplace and a proposed revised exclusion request form to be sent to current employees who previously opted out by 1/15/10. (Signed by Judge Denise L. Cote on 12/29/09) (cd)

Date Filed

Document Text

September 7, 2010

Filing 67 OPINION AND ORDER: Westway's May 3, 2010 motion to "decertify" the collective and class actions, or, in the alternative, for partial summary judgment, is denied. Pefanis' June 4, 2010 motion for leave to amend the first amended complaint is granted. Further proceedings in this action shall be governed by a separate scheduling order to be issued with this Opinion. (Signed by Judge Denise L. Cote on 9/7/2010) (jpo)

December 29, 2009

Filing 47 ORDER that the exclusion request forms previously submitted by current employees of defendant Westway Diner are invalid; that curative notice shall be posted in the workplace at Westway Diner and revised exclusion request forms shall be sent to curre nt employees who previously opted out of this class action; that counsel for both parties shall submit to the Court a proposed curative notice to be posted in the workplace and a proposed revised exclusion request form to be sent to current employees who previously opted out by 1/15/10. (Signed by Judge Denise L. Cote on 12/29/09) (cd)

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Plaintiff: Andreas Pefanis
Represented By:	Daniel Maimon Kirschenbaum
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Defendant: Westway Diner, Inc.
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