Nicholson et al v. Twelfth Street Corp. et al
| Linda Nicholson, Maria Miranda, Silvia Sanchez, Rafael Aguilera and Jorge Palapa |
| Twelfth Street Corp., K.I.D. Restaurant Corp., 181 Restaurant Corp. and Konstantinos ("GUS") Danalis |
| 1:2009cv01984 |
| March 4, 2009 |
| US District Court for the Southern District of New York |
| Labor: Fair Standards Office |
| Queens |
| Gerard E. Lynch |
| None |
| Federal Question |
| 29:201 Fair Labor Standards Act |
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Filing
41
OPINION & ORDER. The sentence that currently appears on page 2, lines 10-11 and reads, "Plaintiff Maria Miranda ("Miranda") worked as a waitress at the Village Den from November 2008 to February 2009," shall be amended to read "Plaintiff Maria Miranda ("Miranda") worked as a waitress at the Village Den from November 2007 to February 2009." (Signed by Judge Harold Baer on 5/10/10) (djc)
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Filing
40
OPINION AND ORDER For the foregoing reasons, claims against Defendants K.I.D. Restaurant d/b/a Manatus Restaurant and 181 Restaurant Corp. d/b/a Hudson View Restaurant are dismissed with prejudice. Plaintiffs' motion for partial summary judgmen t against Defendants Twelfth Street Corp. d/b/a Village Den Restaurant and Konstantinos Danalis is GRANTED with respect to Plaintiffs' claims for minimum wages, overtime premium pay, spread-of-hours compensation, and meal credits. Summary judgme nt is DENIED as to Plaintiffs' claim pursuant to 12 N.Y.C.R.R. § 142-2.5(c) for the cost of laundering their uniforms. A trial as to liability on the laundry claim, and damages as to all claims, shall commence at 9:30 a.m. on Thursday, May 20, 2010. A settlement conference on the open items set out above will be held in Chambers on Monday, May 10 at 2:30 p.m. Each party must be present with a person who has full authority to resolve these issues. SO ORDERED. ( Settlement Conference set for 5/20/2010 at 02:30 PM before Judge Harold Baer.) (Signed by Judge Harold Baer on 5/4/2010) (jmi)
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