Galicia v. 861 Rest. Inc. et al
| Juan Galicia |
| 861 Rest. Inc. and Sophocles Dertouzos |
| 1:2014cv01235 |
| February 25, 2014 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Queens |
| John G. Koeltl |
| Labor: Fair Standards |
| 29 U.S.C. ยง 201 Fair Labor Standards Act |
| Both |
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Filing
97
MEMORANDUM OPINION AND ORDER. The plaintiffs' motion for partial summary judgment with respect to uniform maintenance pay is denied. The plaintiffs' motion for partial summary judgment on the issue of liquidated damages is denied. The pla intiffs' motion for partial summary judgment is granted with respect to their WTPA claims. The Court hereby directs the parties to submit revised proposed damages calculations consistent with this Opinion. The Court hereby sets the following schedule for such submissions: By June 16, 2017, the plaintiffs shall provide a letter to the defendants (but not then filed on ECF) itemizing, by plaintiff and by claim, the plaintiffs' proposed damages calculation and explaining, clearly an d with specificity, the basis for each calculation. By June 23, 2017, the defendants shall provide a letter to the plaintiffs stating whether they have any objections to any of the plaintiffs' proposed damages calculations, and if so, explain ing, clearly and with specificity, the basis for each point of disagreement, and stating (and explaining the basis for) the defendants' contrary calculation. In the event the defendants disagree as to any aspect of the plaintiffs' damage s calculation, the parties are directed to meet and confer to attempt to resolve any discrepancies. By June 30, 2017, either (1) the parties shall jointly submit a proposed damages calculation, or (2) the plaintiffs shall file its proposed damages calculation, in which case the defendants shall file any opposition by July 7, 2017, and the plaintiffs shall file a reply by July 14, 2017. See Hernandez, 2016 WL 3248493, at *36-37. The remaining arguments are either moot or without merit. For the foregoing reasons, the plaintiffs' motion for partial summary judgment is granted in part and denied in part. SO ORDERED. (Signed by Judge John G. Koeltl on 6/1/17) (yv)
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