Copantitla et al v. Fiskardo Estiatorio, Inc. et al
| Ricardo Copantitla, Diego Diaz De La Vega, Ignacio Garcia, Julio Lantigua, Manuel Lizandro, Martin Lopez, Sebastian Lopez, Augustin Maldonado, Henry Matute, Joelito Melendez and Jose Luis Vargas |
| Fiskardo Estiatorio, Inc., George Makris, Julia Makris and Steven Makris |
| 1:2009cv01608 |
| February 20, 2009 |
| US District Court for the Southern District of New York |
| Labor: Fair Standards Office |
| New York |
| Richard J. Holwell |
| None |
| Federal Question |
| 29:201 Fair Labor Standards Act |
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Filing
75
MEMORANDUM AND OPINION: As set forth in detail above, each of the pending motions is resolved as follows: 1. The plaintiffs motion for leave to file a second amended complaint is granted. 2. The defendants motion to quash the subpoenas served upon Fa ntis Foods and Fantis Transfer is denied with respect to Document Requests Nos. 4, 5, and 8 and Deposition Topic 4. In all other respects, the motion is granted. 3. The plaintiffs' motion to compel is denied without prejudice with respect to (a) Interrogatory No. 9; (b) information on Thalassa's internal payroll schedule regarding non-party employees except for information regarding the tips they received; (c) Requests Nos. 44, 46, and 47 except for information in Mr. Dogan's pers onnel file that relates to the positions he held at Thalassa, his responsibilities at Thalassa, whether he received money from the tip pool, and documents regarding his compensation that could aid the plaintiffs in determining if Mr. Kurt was a manag er; (d) Request No. 40; (e) Request No. 25; and (f) Request No. 48 to the extent it seeks documents relating to tax investigations that are irrelevant to the claims at issue in this action. In all other respects, their motion is granted. However, the social security numbers of non-parties contained on any documents produced to the plaintiffs will be redacted, and the contact information of these parties will only be shared among attorneys. The plaintiffs' request for costs is denied. Compliance with all aspects of this Order shall be effectedwithin 30 days. (Signed by Magistrate Judge James C. Francis on 4/5/2010) Copies Mailed By Chambers.(jfe)
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