Santana v. Fishlegs LLC et al
| Elvis Santana |
| Fishlegs LLC, Gioco Restaurant Corp., David Burke 59 Corp., BCRE Grand Restaurant LLC, Ridge Road Restaurant, LLC, David Burke, LLC, John Doe Corp., David Burke, Jeffrey A. Citron, Suzanne Citron and Itzhak Hera |
| 1:2013cv01628 |
| March 12, 2013 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Lorna G. Schofield |
| Labor: Fair Standards |
| 29 U.S.C. ยง 201 Fair Labor Standards Act |
| Plaintiff |
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Filing
26
OPINION AND ORDER re: 18 MOTION to Dismiss & 13 MOTION to Certify Class: For the foregoing reasons, Defendants Motion to Dismiss the following Defendants is GRANTED. (a) David Burke 59 Corp. d/b/a David Burke at Bloomingdales, (b) 6 Grand LLC, ( c) Ridge Road Restaurant LLC d/b/a David Burke Fromagerie, (d) David Burke LLC d/b/a David Burke Prime Steakhouse, and e) John Doe Corp. d/b/a Primehouse David Burke; but Plaintiffs are granted leave to amend the Complaint on or before November 15, 2 013, in which they shall make only the following substantive changes: omit Ridge Road Restaurant LLC, David Burke LLC and John Doe Corp. LLC as Defendants; add allegations consistent with Plaintiffs declarations that they were informed by employees o f Defendants David Burke 59 Corp. and 6 Grand LLC Corp. that they suffered the same unlawful practices that Plaintiffs allegedly suffered; and adding the d/b/a allegation regarding Defendant 6 Grand LLC that was omitted from paragraph 11(d) in the cu rrent Complaint. Effective upon the amendment of the Complaint as provided in the preceding paragraph, and for the foregoing reasons, conditional certification of the class, defined as current and former employees nationwide who work or worked as non -exempt employees, including cooks, dish washers, food preparers, porters, waiters, busboys, runners, barbacks and bartenders, who worked at Fishtail, David Burke Townhouse, David Burke at Bloomingdales or David Burke Kitchen on or after March 12, 20 10 is GRANTED, and Plaintiffs Motion to Certify is otherwise DENIED. Defendants shall provide to Plaintiffs the names, last known addresses, telephone numbers and email addresses of all of the types of employees described in the preceding paragraph, but who worked at Fishtail, David Burke Townhouse, David Burke at Bloomingdales or David Burke Kitchen on or after March 12, 2007, in digital and paper form. The parties shall confer and agree, if possible, on the form of notice and shall submit a re vised form of notice, consent form and proposed order consistent with the rulings contained in this Opinion and Order by November 29, 2013. The Clerk of the Court is directed to close the motions at docket numbers 13 and 18. (Signed by Judge Lorna G. Schofield on 11/07/2013) (jcs)
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