Secretary of Labor, Thomas E. Perez v. Manna 2nd Avenue LLC d/b/a Gina La Fornarina et al
| Secretary of Labor, Thomas E. Perez |
| Paola Pedrignani, Manna 2nd Avenue LLC, Manna Amsterdam Avenue LLC and Manna Madison Avenue LLC |
| 1:2015cv04655 |
| June 16, 2015 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Colleen McMahon |
| Fair Labor Standards Act |
| 29 U.S.C. ยง 201 |
| None |
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Filing
116
OPINION AND ORDER: For the reasons set forth above, and consistent with the prior rulings of the Court and stipulations of the parties, judgment shall be entered in favor of the Secretary and against the defendants, jointly and severally as follo ws: $101,532.90 in unpaid overtime wages owed for the period June 16, 2012, through June 15, 2013; $101,532.90 in liquidated damages for the period June 16, 2012, through June 15, 2013; $45,101.42 in back wages previously awarded by the Court on summary judgment; $45,101.42 in liquidated damages previously awarded by the Court on summary judgment; $35,007.68 in overtime wages owed to the non-exempt salaried pizza chefs as stipulated in the Joint Pretrial Order, 7; VI(9); $35,007.68 in liquidated damages owed to the nonexempt salaried pizza chefs as stipulated in the Joint Pretrial Order, § VI(9); and Enjoining the defendants, their officers, agents, servants, employees, and those persons in act ive concert or participation with the defendants from violating the provisions of sections 6, 7, 11(c), 15(a)(3), and 15(a)(5) of the Fair Labor Standards Act. The Clerk of Court shall enter judgment accordingly and close this case. SO ORDERED. (Signed by Magistrate Judge James C. Francis on 10/12/2017) Copies Transmitted this Date By Chambers. (anc)
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Filing
98
MEMORANDUM AND ORDER granting in part and denying in part 60 Motion for Partial Summary Judgment; denying 68 Motion for Partial Summary Judgment. There is a genuine dispute as to whether Mr. Rojas, Mr. Padilla, and Mr. Siguencia are exempt f rom the overtime pay rule. Other "pizza" positions are not exempt for the period from June 16, 2013, to November 18, 2015. Summary judgment is denied as to whether other pizza chefs are exempt prior to June 16, 2013. The defendants are j ointly and severally liable. The plaintiff's summary judgment motion for overtime claims -- except for Mr. Rojas', Mr. Padilla's, and Mr. Siguencia's claims -- is granted in the amount of $45,101.42. Liquidated damages is a warded on the overtime claims in the amount of $45,101.42. The parties shall submit the joint pretrial order by March 27, 2017. SO ORDERED. (Signed by Magistrate Judge James C. Francis on 2/28/2017) Copies transmitted via ECF this date. (anc)
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Filing
95
MEMORANDUM AND ORDER. The plaintiff's motion to strike is denied. The plaintiff may file a sur-reply within three weeks of the date of this Memorandum and Order. SO ORDERED. Denying 86 Motion to Strike. (Signed by Magistrate Judge James C. Francis on 12/27/2016) Copies transmitted via ECF this date. (rjm)
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