Romero-Barron v. New York Cafeteria Inc. et al

Filing 39

ORDER re 38 Letter filed by Belinda Romero-Barron, Fermin Cruz. The plaintiff shall mail by October 7, 2016 the revised notice of collective action to putative party plaintiffs, along with an accurate Spanish translation of the revised notice of collective action. The deadline for putative collective members to submit or mail a consent to the plaintiff's counsel or the Court shall be December 7, 2016. Plaintiff's counsel must file executed consents received from opt-in collect ive action members every two weeks beginning November 21, 2016, with a final report to be filed by December 21, 2016 on the number of persons opting-in to this collective action. Ordered by Magistrate Judge Marilyn D. Go on 9/26/2016. (Attachments: # 1 Appendix) (Proujansky, Josh)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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FERMIN CRUZ and BELINDA ROMERO-BARRON,
individually and in behalf of all
other persons similarly situated,

ORDER
15cv3228 (JBW)(MDG)

Plaintiffs,
–against–
HAM N EGGERY DELI INC. d/b/a NEW YORK
DELI, NEW YORK CAFETERIA INC. d/b/a
NEW YORK DELI and KOSTAS KALOUDIS,
jointly and severally,
Defendants.
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Plaintiffs having moved for leave to send a notice of
collective action (DE 18), the motion is granted as follows:
1.

This action may proceed as a collective action under the

Fair Labor Standards Act, 29 U.S.C. §§ 216(b), et seq., and shall
include as putative party plaintiffs all employees of the
defendants, who were employed any time after June 3, 2012, three
years before the filing of the complaint in this action.
2.

The Court approves the joint proposed notice of collective

action and consent form, but amended with the changes set forth in
a marked version annexed hereto.
3.

The plaintiff shall mail by October 7, 2016 the revised

notice of collective action to putative party plaintiffs, along
with an accurate Spanish translation of the revised notice of
collective action.

4.

The deadline for putative collective members to submit

or mail a consent to the plaintiff's counsel or the Court shall
be December 7, 2016.
5.

The plaintiff must send to the defendants a poster

containing the notice of collective action in English and
Spanish.

Within seven days after its receipt, the defendants

must post the poster in a conspicuous place at the work place
that is used or visited by all employees, and at all other
locations where statutory notices to employees are posted.
6.

Plaintiff's counsel must file executed consents received

from opt-in collective action members every two weeks beginning
November 21, 2016, with a final report to be filed by December
21, 2016 on the number of persons opting-in to this collective
action.
SO ORDERED.
Dated:

Brooklyn, New York
September 26, 2016
_/s/_________________________
MARILYN D. GO
UNITED STATES MAGISTRATE JUDGE
[phone]

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