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13-2109 - Perez v. Metro Dairy Corp. et al


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13-2109 - Perez v. Metro Dairy Corp. et al
April 6, 2015
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Standards Act (FLSA), 29 U.S.C. § 201, et seq. On June 18, 2013, the parties agreed, by so-ordered stipulation, to conditional collective certification. As of November 19, 2014, discovery is complete. There are eleven opt-in plaintiffs, and the opt-in period has closed. Defendants now move to decertify the conditionally certified collective action on the ground that the named plaintiff, Luis Perez, is not similarly situated to the opt-in plaintiffs. I heard oral argument on March 5, 2015. The parties were directed to file any supplemental submissions by March 13, 2015; only plaintiff did so. I find that Perez and the opt-in plaintiffs were similarly situated and that deciding plaintiffs' claims collectively would serve the interest of judicial economy. Defendants' motion to decertify the collective action is therefore denied. Ordered by Magistrate Judge Robert M. Levy on 4/6/2015. (Marino, Janine) See attached Memorandum & Order for details.MEMORANDUM AND ORDER RE 42 This case is before me on consent of the parties. Plaintiffs commenced this action in April 2013, seeking unpaid wages and overtime, plus liquidated damages, interest, attorney's fees, and costs under the Fair Labor
April 6, 2015
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MEMORANDUM AND ORDER RE 43 This case is before me on consent of the parties. Plaintiffs commenced this collective action in April 2013, seeking unpaid wages and overtime, plus liquidated damages, interest, attorney's fees, and costs under the Fair Labor Standards Act (FLSA), 29 U.S.C. § 201, et seq. Plaintiffs now move pursuant to FED. R. CIV. P. 37 for spoliation sanctions and other relief based on defendants' failure to produce employment documents and records, specifically payroll records, W-2s, check stubs, and cashier sheets for plaintiffs. Plaintiffs motion is denied. Ordered by Magistrate Judge Robert M. Levy on 4/6/2015. (Marino, Janine) See attached M&O for details.
February 25, 2016
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MEMORANDUM AND ORDER: This case is before me on consent of the parties. Plaintiffs move for sanctions related to alleged witness tampering. At issue is a May 20, 2015 encounter between opt-in plaintiff Efrain Zemora and defendant Edward Zastenik. Defendants Metro Dairy Corp., Raz Dairy Inc., and Edward Zastenik oppose the motion. For the reasons stated in the attached Memorandum and Order, plaintiffs' motion for sanctions related to alleged witness tampering is denied. So Ordered by Magistrate Judge Robert M. Levy on 2/25/2016. SEE ATTACHED MEMORANDUM & ORDER. (Marino, Janine)