Melgadejo v. S & D Fruits & Vegetables Inc. et al
| Florentino Melgadejo |
| S & D Fruits & Vegetables Inc., Sal's Fruit, Vegetable and Grocery Inc. and Samuel Olea |
| 1:2012cv06852 |
| September 11, 2012 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Ronnie Abrams |
| Fair Labor Standards Act |
| 29 U.S.C. ยง 201 |
| Plaintiff |
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Filing
75
OPINION ADOPTING REPORT AND RECOMMENDATIONS for 74 Report and Recommendations. The Court has reviewed the Report for clear error and found none. Accordingly, the Court adopts the Report. Plaintiffs shall submit a proposed judgment to the Court no later than February 19, 2016. (As further set forth in this Order.) (Signed by Judge Ronnie Abrams on 2/9/2016) (cf)
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Filing
51
ORDER ADOPTING REPORT AND RECOMMENDATIONS for 44 Report and Recommendations, 34 Motion to Certify Class filed by Florentino Melgadejo. Accordingly, Plaintiffs application to certify his claims under the NYLL as a class action pursuant to Federal Rule of Civil Procedure 23(b )(3) is denied. As Judge Pitman warned, the parties' failure to file written objections to the Report precludes appellate review of that decision. See, e.g., McCarthy v. Manson, 714 F.2d 234,237 (2d Cir. 1983) (&quo t;When a party fails to object timely to a magistrate's recommended decision, it waives any right to further judicial review of that decision.") In light of this ruling, Plaintiff is directed to submit a revised proposed default judgment consistent with this Order by December 19, 2013. The Clerk of Court is respectfully directed to close item number thirty-four (34) on the docket. (Signed by Judge Ronnie Abrams on 12/5/2013) (cd)
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Filing
43
OPINION AND ORDER: For all the reasons discussed above, I grant plaintiff's motions for Orders (1) authorizing plaintiff to pursue his FLSA claims as a collective action pursuant to 29 U.S.C. § 216(b), (2) approving plaintiff's propose d notice and consent form subject to the above referenced revisions, (3) compelling defendants to produce contact information for the potential opt-in plaintiffs except with respect to their dates of birth and social security numbers and (4) compelli ng defendants to post the proposed notice and consent form in each location owned and operated by the defendants. By no later than 14 days from the date of this opinion, defendants are ordered to produce the names, last known mailing addresses, alter nate addresses, telephone numbers, email addresses and dates of employment for all non-managerial employees of defendants who worked on or after April 19, 2010 to present in their possession. Finally, by no later than 28 days from the date of this opinion, plaintiff is directed to send notice to the potential opt-in plaintiffs. (Signed by Magistrate Judge Henry B. Pitman on 11/7/2013) Copies Mailed By Chambers. (ft)
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