Maldonado-Lopez v. Cajmant LLC et al

Filing 43

ORDER ADOPTING REPORT AND RECOMMENDATION: For the reasons stated in the attached Order, Magistrate Judge Reyes' Report and Recommendation dated April 5, 2016, is adopted in its entirety and the instant motion (Doc. No. 24 ) is DENIED. Ordered by Judge Sandra L. Townes on 5/26/2016. (Fwd'd for judgment) (Brucella, Michelle)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

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EDUARDO MALDONADO LOPEZ, on behalf
of himself and all others similarly situated
Plaintiff,

ORDER ADOPTING REPORT
AND RECOMMENDATION

-against15-CV-593 (SLT)(RER)
CAJMANT, LLC, WHEATFIELD DISTRIBUTORS
LLC, JOHN SCHMIDT, ROSE SCHMIDT,
MARCELO CAJAMARCA and ROBERT W. VOGLER

Defendants.

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TOWNES, United States District Judge:
In February 2015, plaintiff Eduardo Maldonado Lopez commenced this action pursuant to
the Fair Labor Standards Act of 1938, 29 U.S.C. § 201 et seq. ("FLSA"), New York common
law, and New York Labor Law, alleging that the defendants violated those laws by failing to
provide overtime pay and making illegal deductions from employees' paychecks. In August
2015, non-attorney Robert W. Vogler, filed a "Letter Motion to Dismiss due to lack of
continuity, substance and applicable law" on behalf of himself and Cajmant, LLC. (Rec. Doc.
24). After Plaintiff duly opposed that motion (Rec. Doc. 34), Magistrate Judge Raymon E. Reyes
issued a report and recommendation ("R&R"). The R&R recommended denying the motion as
to Cajmant, LLC on the grounds that it cannot appear in court through a non-attorney. The R&R
also recommended denying the motion as to both movants on the grounds that the motion
controverted Plaintiffs allegations without adducing evidentiary material and thus fails to merit
dismissal as either a motion to dismiss or motion for summary judgment.
The R&R specified that objections were due by April 22, 2016, and advised defendants

s/SLT