Espinobarros Apolinar et al v. R.J. 49 REST., LLC et al
Gil Espinobarros Apolinar and Delfino Felix Vargas |
R.J. 49 Rest., LLC, Ark 48th Corp, John Doe 01 Corporation, N.J. 52 Inc., 924 Third Ave. Deli, Inc., John Doe 02 Corporation, Toasties One Corp, Toasties Deli Corp, CCKO, Inc., Robert Kim, Elliot Lee, Susan Kim and Raymond Kim |
1:2015cv08655 |
November 4, 2015 |
US District Court for the Southern District of New York |
Foley Square Office |
New York |
Katherine B. Forrest |
Fair Labor Standards Act |
29 U.S.C. ยง 216 |
None |
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Filing 76 OPINION & ORDER re: 59 MOTION to Dismiss Amended Complaint. filed by R J 51, INC., N.J. 52 Inc., Susan Kim, 62 MOTION to Certify Class Conditional Certificiation of Collective under the FLSA. filed by Gil Espinobar ros Apolinar, Delfino Felix Vargas. For the reasons set forth above, it is hereby ORDERED that defendants R.J. 51 Inc.'s, N.J. 52 Inc.'s and Susan Kim's motion to dismiss is GRANTED. The Court also dismisses, sua sponte, defendants Elliot Lee, Raymond Kim, John Doe Corporation d/b/a Toasties, Ark 48th Corp. d/b/a Toasties, 924 Third Ave. Deli, Inc. d/b/a Toasties, Toasties One Corp. d/b/a Toasties, Toasties Deli Corp. d/b/a Toasties, and CCKO, Inc. d/b/a Toasties due to plain tiffs' failure to timely serve them. It is further ORDERED that plaintiffs' motion for conditional certification of a collective action is GRANTED IN PART. As set forth in this Opinion & Order, the parties shall meet and confer regarding the terms of plaintiffs' proposed notice and present any remaining issues to the Court not later than June 6, 2016. The Clerk of Court is directed to close the motions at ECF Nos. 59 and 62. (As further set forth in this order), CCKO, Inc., John Doe Corporation, Raymond Kim, Susan Kim, Elliot Lee, N.J. 52 Inc., R J 51, INC., Toasties Deli Corp, Toasties One Corp, 924 Third Ave. Deli, Inc. and Ark 48th Corp terminated. (Signed by Judge Katherine B. Forrest on 5/18/2016) (lmb) |
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