Guaman v. 5 "M" Corp. et al
| Jorge Guaman |
| Dennis Turcinovic, Milan Licul, 50/50 Restaurant Corp., Ocinomled, Ltd., Balarini Restaurant Corp. and 5 "M" Corp. |
| 1:2013cv03820 |
| June 5, 2013 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Queens |
| Lorna G. Schofield |
| Fair Labor Standards Act |
| 29 U.S.C. ยง 201 |
| Plaintiff |
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Filing
52
OPINION AND ORDER. WHEREAS a telephonic conference was held on December 13, 2013 concerning Plaintiff's motion to compel discovery; it is hereby ORDERED that Plaintiff's motion is DENIED without prejudice to renewal after a decision has be en issued on the forthcoming motion for FLSA conditional class certification and after the parties have again conferred with each other; and it is further ORDERED that Plaintiff shall file his motion for FLSA conditional class certification by Januar y 10, 2014; Defendants shall file their opposition by January 27, 2014; and Plaintiff shall file his reply by February 3, 2014. ORDERED that a conference will be held on February 18, 2014 at 10:45 a.m., ( Motions due by 1/10/2014., Responses due by 1/27/2014., Replies due by 2/3/2014.), ( Status Conference set for 2/18/2014 at 10:45 AM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 12/13/2013) (lmb)
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Filing
42
OPINION AND ORDER re: 27 MOTION to Certify Class filed by Jorge Guaman. For the reasons stated above, Plaintiff's motion to conditionally certify a collective action is GRANTED in part and DENIED in part. The parties shall submit a revised for m of notice, consistent with the above opinion, by November 4, 2013. Plaintiffs' request for discovery of class information pursuant to § 216(b) and to have the notice and consent forms posted at an agreed upon location at Delmonico's Kitchen is also granted. By November 4, 2013, Defendants shall provide an Excel spreadsheet that the contains the names, title, compensation rate, period of employment, last known mailing address, email address and telephone number for all non-exempt employees who were employed by Murano Ristorante or Delmonico Kitchen at any time in the six years preceding the filing of the Complaint. The Clerk of the Court is ordered to close the motion at docket number 27. (Signed by Judge Lorna G. Schofield on 10/22/2013) (lmb)
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