Balverde v. Lunella Ristorante, et al
| Jose Balverde |
| Lunella Ristorante, Inc. and Gaetana Russo |
| 1:2015cv05518 |
| July 15, 2015 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Edgardo Ramos |
| Fair Labor Standards Act |
| 29 U.S.C. ยง 201 |
| Plaintiff |
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Filing
73
AMENDED OPINION AND ORDER: re: 60 MOTION to Certify Class filed by Jose Balverde, 57 MOTION to Amend/Correct 1 Complaint filed by Jose Balverde: For the foregoing reasons, the motion to amend the Complaint is GRANTED. Plaintiffs shall file the ir amended class and collective action complaint by May 1, 2017. Plaintiffs' motion to certify the class is GRANTED in part and DENIED in part. It is hereby ordered that: 1) The Court certifies NYLL claims for unpaid minimum wages, overtime wag es, unpaid spread-of-hours, and failure to provide wage notice, (Counts III, IV, V, VI) and for unlawfully withheld gratuities (Count VII) as a Rule 23(b)(3) class action on behalf of a class defined as: "all waiters, bussers, bartenders, and ru nners who worked for Lunella Ristorante, Inc. at any time from July 15, 2009 through the present." 2) The Court appoints Named Plaintiff Jose Balverde as class representative and Pelton Graham LLC as class counsel. 3) The proposed class notice i s approved, provided it is modified to apply only to waiters, bussers, runners, and bartenders. See Doc. 62-11. 4) Defendants are ORDERED by May 12, 2017 to produce a list of the names, last-known email addresses, and last known mailing addresses of all waiters, bussers, bartenders, and runners employed at Lunella from July 15, 2009 to the present so that Plaintiffs can issue class notice. 5) The parties shall appear for a status conference on May 26, 2017 at 2:00 P.M. The Clerk of the Court is respectfully directed to terminate the motions, Docs. 57, 60. (Signed by Judge Edgardo Ramos on 5/10/2017) (jwh)
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Filing
68
OPINION AND ORDER re: 60 MOTION to Certify Class filed by Jose Balverde, 57 MOTION to Amend/Correct 1 Complaint filed by Jose Balverde: For the foregoing reasons, the motion to amend the Complaint is GRANTED. P laintiffs shall file their amended class and collective action complaint by May 1, 2017. Plaintiffs' motion to certify the class is GRANTED in part and DENIED in part. It is hereby ordered that: 1) The Court certifies NYLL claims for unpaid mini mum wages, overtime wages, unpaid spread-of-hours, and failure to provide wage notice, (Counts III, IV, V, VI) and for unlawfully withheld gratuities (Count VII) as a Rule 23(b )(3) class action on behalf of a class defined as: "all waiters, bus sers, bartenders, and runners who worked for Lunella Ristorante, Inc. at any time from July 15, 2009 through the present." 2) The Court appoints Named Plaintiff Jose Balverde as class representative and Pelton Graham LLC as class counsel. 3) The proposed class notice is approved, provided it is modified to apply only to waiters, bussers, runners, and bartenders. See Doc. 62-11. 4) Defendants are ORDERED by May 10, 2017 to produce a list of the names, last known email addresses, and last kno wn mailing addresses of all waiters, bussers, bartenders, and runners employed at Lunella from July 15, 2012 to the present so that Plaintiffs can issue class notice. 5) The parties shall appear for a status conference on May 26, 2017 at 2:00 P.M. Th e Clerk of the Court is respectfully directed to terminate the motions, Docs. 57, 60. It is SO ORDERED.(Amended Pleadings due by 5/1/2017.) (Status Conference set for 5/26/2017 at 02:00 PM before Judge Edgardo Ramos.) (Signed by Judge Edgardo Ramos on 4/19/2017) (jwh)
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Filing
37
OPINION AND ORDER re: 28 MOTION to Dismiss . filed by Gaetana Russo, Lunella Ristorante, Inc., 23 MOTION to Certify Class: Plaintiff's Motion to Conditionally Certify a Fair Labor Standards Act Collective Action and Au thorize Notice to be Issued to All Persons Similarly Situated. The Court GRANTS in part and DENIES in part Plaintiffs' motion for conditional certification. (Doc. 23). The Court hereby ORDERS conditional certification of a FLSA collective of all servers, bartenders, and runners employed by Lunella from July 15, 2012 to the present day. Defendants are ORDERED, within twenty-one (21) days of this Opinion and Order, to produce a list of the names and last-known email addresses and mailin g addresses of all servers, bartenders, and runners employed at Lunella from July 15, 2012 to the present. Furthermore, Plaintiffs are hereby ORDERED to submit a newly-revised notice that incorporates the Court's ruling that the class only inclu de servers, bartenders, and runners employed at Lunella from July 15, 2012 to the present. The Court DENIES Defendants' motion to dismiss, motion for judgment on the pleadings, or motion for summary judgment seeking dismissal of Plaintiff Garcia from this case. Doc. 28. The Clerk of the Court is respectfully directed to terminate the instant motions, Doc. 23 and Doc. 28. It is SO ORDERED. (As further set forth in this Order.) (Signed by Judge Edgardo Ramos on 5/11/2016) (kko)
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