Gautam Patel et al v. Baluchi's Indian Restaurant et al
| Santiago Reyes, Jesus Maldonado, Harjinder Singh, Rajinder Singh, Gautam Patel, Jalal Bhuiyan, Conrad Dsouza, Victor Montgero, Simon Maldonado, Mohammed Farid Uddin, Faysal Abedin, Abdul Ali, Javier Soberan Perez and Mohammed Taher |
| Baluchi's Indian Restaurant, Kraj Foods,Inc., Paramount Foods, Inc., Gateway Foods, Inc., Does # 1- 10 and Rakesh Aggarwal |
| 1:2008cv09985 |
| November 18, 2008 |
| US District Court for the Southern District of New York |
| Labor: Fair Standards Office |
| Queens |
| Richard J. Sullivan |
| Plaintiff |
| Federal Question |
| 29:201 Fair Labor Standards Act |
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| Document Text |
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Filing
69
MEMORANDUM AND ORDER granting 57 Motion to Amend/Correct ; granting in part and denying in part 59 Motion for Judgment on the Pleadings; denying 59 Motion to Dismiss for Lack of Jurisdiction. For the foregoing reasons, Defendants' motion to dismiss for lack of subject matter jurisdiction is denied, Defendants' motion for judgment on the pleadings is denied in part and granted in part, and Plaintiffs' motion for leave to amend is granted. Specifically, the Court grants Defe ndants' motion for judgment on the pleadings only as it pertains to Plaintiffs' claim for breach of contract. Plaintiffs shall file the SAC no later than Friday, 8/7/09. The SAC may include a properly-pleaded claims for breach of contract, as well as the claim for retaliation under 215.1 of the New York Labor Law. Defendants shall thereafter file their answer to the SAC within the time permitted by the F.R.C.P. The Parties are reminded that pursuant to the case Management Plan and Sc heduling Order, signed by this Court on 4/27/09, all discovery is to be completed no later than 11/30/09, and a post-discovery status conference is currently scheduled for 12/16/09 at 9:00 a.m. in Courtroom 21C, U.S.D.C. for the S.D.N.Y., 500 Pearl S treet, New York, NY. If either Party wishes to make any pre-trial motions, including but not limited to motions for class certification or summary judgment, pre-motion letters are due by 12/1/09, and responses are due by 12/4/09. Parties should abide by this Court's Individual Practices, Rule 2.A, regarding the submission of pre-motion letters. The Clerk of the Court is instructed to terminate the motions located at docket numbers 57 and 59. (Signed by Judge Richard J. Sullivan on 7/30/09) (tro)
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Filing
50
ORDER: The Parties are ordered to submit the (1) proposed Case Management Plan and Scheduling Order and (2) a stipulated Notice of Pendency and Consent to Join the collective action pursuant to the Fair Labor Standards Act, 29 U.S.C. § 216(b), b y Monday, April 27, 2009, as previously ordered by this Court on numerous occasions. The Court will address Defendants' other contemplated motions at a conference to be held on Wednesday, May 6, 2009 at 9:30 a.m. in Courtroom 21 C, United States District Court, 500 Pearl Street, New York, New York. (Signed by Judge Richard J. Sullivan on 4/23/2009) (jpo)
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