Najera et al v. 1443 York Gotham Pizza Inc. et al
| Prisco Najera, Israel Fuentes, Carlos Altamirano, Cristobal Bravo, Levi Gallardo, Lugo Romano and Pablo Najera |
| 1443 York Gotham Pizza Inc., 1667 First Gotham Pizza, Inc., 144 Ninth Gotham Pizza, Inc., Michael Shamailov, Lana Shamailov and Cenan Menedi |
| 1:2012cv03133 |
| April 20, 2012 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Queens |
| Jesse M. Furman |
| Fair Labor Standards Act |
| 29 U.S.C. ยง 201 |
| None |
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The following documents for this case are available for you to view or download:
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Filing
282
OPINION & ORDER....The plaintiffs' December 16, 2016 motion for attorneys' fees and costs is granted in part, as described herein. (Signed by Judge Denise L. Cote on 2/24/2017) (gr)
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Filing
262
OPINION AND ORDER.....The defendants September 19 motion for judgment as a matter of law or for a new trial is denied. (Signed by Judge Denise L. Cote on 11/22/2016) (gr)
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Filing
209
OPINION AND ORDER #106623 : Four actions brought under the Fair Labor Standards Act (FLSA), 29 U.S.C. § 201 et seq., and the New York Labor Law (NYLL) were consolidated for purposes of trial. The claims of five of the seventeen plaintiffs were severed and tried before a jury from July 5 to July 8, 2016. During the trial, the defendants requested that the jury be instructed that the defendants are entitled to an offset or credit for breaks that they allowed the plaintiffs to take during t heir employment at Gotham Pizza. The defendants also requested that the jury be instructed that, if the jury determined that a plaintiff was paid a weekly rate of pay, then in converting that weekly rate of pay to an hourly rate of pay, the jury sho uld exclude any hours for which the plaintiff was on a paid break. The Court denied both of the defendants requests for the reasons stated on the record. This Memorandum Opinion further explains the basis of the Courts denial of the defendants req uests.....The defendants request to instruct the jury in this FLSA action that the calculation of damages owed the plaintiffs may be offset for paid meal breaks is denied. (Signed by Judge Denise L. Cote on 8/10/2016) (gr) Modified on 8/11/2016 (vj).
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Filing
41
MEMORANDUM OPINION AND ORDER re: 16 FIRST MOTION to Certify Class filed by Plaintiffs: Plaintiffs' Motion is GRANTED, although the Court reserves judgment on the language of the Proposed Notice. It is hereby ORDERED that by 5 p.m. today, Plain tiffs shall submit to the Court via email their Proposed Notice of Pendency, Proposed Consent to Join form, and Proposed Publication Order in Microsoft Word document format. The Court will address the language of the Proposed Notice at the conference scheduled for April 4, 2013. It is further ORDERED that prior to the case management conference scheduled for April 4, 2013, the parties shall confer on a revised Case Management Plan in light of the conditional certification of the class, which shall be submitted to the Court via email no later than 12:00 p.m. on April 4, 2013. The Clerk of Court is directed to terminate the Motion for Conditional Collective Certification. (Docket No. 16). (Signed by Judge Jesse M. Furman on 4/3/2013) (ab)
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