Angel et al v. Harvest C-Food Inc. et al
| Raymundo Vasquez Angel, Leonel De Los Santos and Leo Vasquez |
| Harvest C-Food Inc. and Xiao Feng Zou |
| 1:2014cv06035 |
| August 1, 2014 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Sidney H. Stein |
| Fair Labor Standards Act |
| 29 U.S.C. ยง 201 |
| None |
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Filing
39
OPINION & ORDER: This Court therefore concludes that the FLSA's $500,000 gross annual sales requirement for an "[e]nterprise engaged in commerce or in the production of goods for commerce," 29 U.S.C. § 203(s)(1)(A)(ii), is not a jurisdictional requirement and that any failure to prove that Harvest earns $500,000 or more in gross annual sales would not divest the Court of subject matter jurisdiction. Instead, it would simply mean that plaintiff had failed to meet its burden of proof on its FLSA-based claims. (As further set forth in this Order.) (Signed by Judge Sidney H. Stein on 11/16/2015) (kgo)
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Filing
38
OPINION AND ORDER. For all the foregoing reasons, I find that the settlement is reasonable in light of the extremely limited assets available to defendants and the likelihood that proceeding to verdict will only provide the plaintiffs with an uncoll ectable verdict. I, therefore, approve it. Reyes v. Altamarea Group, LLC, 10 Civ. 6451 (RLE), 2011 WL 4599822 at *6 (S.D.N.Y. Aug. 16, 2011) (Ellis, M.J.) (As further set forth in this Order) (Signed by Magistrate Judge Henry B. Pitman on 11/5/2015) Copies Sent By Chambers. (lmb)
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