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16-6738 - Galicia v. Ice Cream House on Bedford Ave LLC et al


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16-6738 - Galicia v. Ice Cream House on Bedford Ave LLC et al
December 29, 2017
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ORDER ADOPTING REPORT AND RECOMMENDATIONS: Having disposed of the two proper objections, the Court examines the rest of the R&R for clear error. Finding none, the Court adopts Magistrate Judge Kuo's well-reasoned R&R. Plaintiff s Second Amended Complaint contains allegations making plausible the claim that RKIC qualifies as an employer under the FLSA and NYLL. Accordingly, the Court DENIES RKIC's motion to dismiss. Ordered by Judge Carol Bagley Amon on 12/28/17. (Fernandez, Erica)
January 18, 2018
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Minute Entry for proceedings held before Magistrate Judge Peggy Kuo. Status Conference held on 1/18/2018. Attorney Amit Kumar for Plaintiff. Attorney Benjamin Weisenberg for Defendants. The annexed Stipulation for Conditional Certification of FLSA Collective Action 59 with regard to the Ice Cream House Defendants is so-ordered. Plaintiff has withdrawn the Motion to Certify FLSA Collective Action 25 with regard to the Ice Cream House Defendants and Defendants have withdrawn their Opposition. The Court granted the parties' request to defer ruling on the Motion 25 with regard to Defendant Real Kosher Ice Cream Inc. ("RKIC") and to refer the parties to mediation on the issue of collective action certification with regard to RKIC. The deadline to complete the RKIC mediation is March 19, 2018. The parties shall file a joint status report by March 23, 2018. A status conference is set for April 26, 2018 at 10:00 a.m. in Courtroom 11C South. Plaintiff's counsel represented that he is in communication with Plaintiff's counsel in Ceron v. Klein, 17-CV-05078, regarding a possible co-counsel arrangement in both matters. (FTR Log #11:30-11:45.) (Syed, Sofie)