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16-5352 - Nieto v. Pizzati Enterprises, Inc. et al


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16-5352 - Nieto v. Pizzati Enterprises, Inc. et al
November 29, 2016
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ORDER: IT IS HEREBY ORDERED that Defendants' 8 Motion to Dismiss for Failure to State a Claim is DENIED. IT IS FURTHER ORDERED that Plaintiff must file an amended complaint within 21 days, or the Court will dismiss her claims with prejudice. Signed by Judge Nannette Jolivette Brown on 11/29/2016. (mmv)
March 27, 2017
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ORDER: IT IS HEREBY ORDERED that Defendants' 15 Motion to Stay Plaintiff's Motion for Conditional Class Certification is DENIED. IT IS FURTHER ORDERED that Nieto's 13 Motion for Conditional Class Certification is GRANTED IN PART and DENIED IN PART. The motion is GRANTED IN PART to the extent that Nieto requests that the Court conditionally certify the proposed class, approve an opt-in period of 90 days, and require Defendants to provide Plaintiffs with the names and last known addresses of the potential opt-in plaintiffs within two weeks. The motion is DENIED IN PART to the extent that Nieto requests that the Court approve Plaintiff's proposed notice and consent form in its current form.IT IS FURTHER ORDERED that Notice shall be sent to: "All individuals who workedor are working performing manual labor for Pizzati Enterprises, Inc. or Pizzati Labor Services, Inc. during the previous three years, and who are eligible for overtime pay pursuant to the FLSA, 29 U.S.C. 207 and who did not receive full overtime compensation." IT IS FURTHER ORDERED that the parties are to submit a joint Proposed Notice and Consent Form within 10 days of the date of this Order. If the parties are unable to agree on a Proposed Notice and Consent Form, the parties shall submit: (1) their proposed notices and consent forms; and (2) their objections, with supporting authority, to the other party's proposed notice and consent form, within 10 days of this Order, and request an expedited status conference on the matter. IT IS FURTHER ORDERED that the opt-in period for putative class members shall be 90 days from the date that a final notice is approved by this Court. Signed by Judge Nannette Jolivette Brown on 3/27/2017. (mmv)