MARTINEZ SOLAIS V. DABBUSCO, ET AL.
| MIRIAM MARTINEZ SOLAIS |
| GIOVANNI SCOTTI DABBUSCO and VESUVIO'S II PIZZA & GRILL, INC |
| 1:2015cv00227 |
| March 13, 2015 |
| US District Court for the Middle District of North Carolina |
| NCMD Office |
| Person |
| L. PATRICK AULD |
| LORETTA C. BIGGS |
| Fair Labor Standards Act |
| 29 U.S.C. ยง 201 |
| Plaintiff |
Follow case documents by RSS
Available Case Documents
The following documents for this case are available for you to view or download:
| Document Text |
|---|
Filing
80
MEMORANDUM OPINION AND ORDER signed by JUDGE LORETTA C. BIGGS on 02/21/2018, that Plaintiff's Motion to Reopen Case, (ECF No. 68 ), is GRANTED. FURTHER that Plaintiff's Motion to Amend, (ECF No. 69 ), is DENIED based on res judicata. FURTHER that Plaintiff' Motion to Substitute and Join Defendants, (ECF No. 69 ), and Motion for Equitable Tolling, (ECF No. 71 ), are DENIED as moot. FURTHER that this case is DISMISSED with prejudice. A judgment will be entered contemporaneously with this Memorandum Opinion and Order.(Taylor, Abby)
|
|
Filing
62
MEMORANDUM OPINION AND ORDER signed by MAG/JUDGE L. PATRICK AULD on 03/14/2016, that the Certification Motion (Docket Entry 14 ) is GRANTED insofar as the Court conditionally certifies a class defined as "all individuals who work ed in the kitchen at Vesuvio's II Pizza & Grill, Inc. between March 13, 2012, and the deadline for the opt-in period, who, at any time during this period, were not permitted to accurately record their hoursworked." FURTHER that the parties attempt to reach accommodation on a notification plan, Notice of Conditional Certification, Consent to Join Form, and production of contact information for putative plaintiffs. On or before April 1, 2016, the parties shall file a Joint Statu s Report regarding their efforts to agree on these matters, including their joint or individual proposals for such matters. If the parties agree on the Notice of Conditional Certification and Consent to Join Form, they shall submit, in addition to a n English version, a Spanish translation of these jointly proposed documents prepared by a certified Spanish-English translator. FURTHER that Plaintiff's Protective Order Motion (Docket Entry 17 ) and Defendants' Protective Orde r Motion (Docket Entry 23 ) are DENIED. Nevertheless, the Court directs all parties and their agents to scrupulously refrain from any communication that is coercive, misleading, or otherwise abusive, including communication that may contrad ict or undermine the forthcoming court-approved class notice. The parties and their agents must exhibit particular caution in any oral communications with putative plaintiffs. FURTHER that Plaintiff's Motion to Strike (Docket Entry 42 ) is DENIED. FURTHER that Plaintiff's Objection (Docket Entry 54 ) is SUSTAINED. Plaintiffs need not pay the $1,875 in attorney and paralegal fees identified in Objection Exhibit L (Docket Entry 54 -12).(Taylor, Abby)
|
|
Filing
51
MEMORANDUM OPINION AND ORDER signed by MAG/JUDGE L. PATRICK AULD on 10/16/2015, that Defendants' Motion to Compel (Docket Entry 27 ) and Supplemental Motion (Docket Entry 39 ) are GRANTED IN PART and DENIED IN PART as se t out herein. FURTHER that Plaintiffs' purported Responsive Motion (Docket Entry 46 ) is DENIED. FURTHER that Plaintiffs' Motion to Quash (Docket Entry 29 ) is GRANTED insofar as it seeks to quash the August 7t h nonparty subpoenas. By October 23, 2015, Defendants must file a Notice certifying that they have returned or destroyed all materials received pursuant to the subpoenas.FURTHER that Defendants shall have until October 30, 2015, to respond t o "Plaintiff's Motion for Conditional Certification Pursuant to the Fair Labor Standards Act" (Docket Entry 14 ). FURTHER that the parties shall negotiate in good faith in a meaningful attempt to resolve any other discovery disputes that may arise and to develop a consent protective order as to any materials entitled to protection under Rule 26(c)(1).(Taylor, Abby)
|
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the North Carolina Middle District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
