Hernandez v. Mitad del Mundo Bar Restaurant Corp. et al

Filing 12

ORDER granting 11 Motion to Certify FLSA Collective Action. The Proposed Order, at 12 , is so-ordered, with the modifications to Exhibits A and B (correcting the courthouse address and adjusting the Notice date to May) as reflected in the attachments hereto. Ordered by Magistrate Judge Peggy Kuo on 5/6/2016. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Feldman, Shira)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
Vilma “Carolina” Hernandez and
Mary Cruz Garcia, on behalf of
themselves and all other persons
similarly situated,
Plaintiffs,
- vs. –

DOCKET NO. 15-CV-6571
(MKB) (PK)
ORDER

Mitad del Mundo Bar Restaurant
Corp., Segundo Minchala, and
John Does #1-10,
Defendants.

BEFORE Kuo, J., U.S.M.J.:
THIS MATTER having been brought before the Court upon
the application of the law firm of Samuel & Stein,
attorneys for plaintiffs, seeking to conditionally certify
a Fair Labor Standards Act collective action and authorize
notice to be issued to all persons similarly situated, and
the defendants having consented to said application for
conditional certification, and the Court, having reviewed
the application, and for other good cause,
IT IS HEREBY ORDERED that the application by counsel
for plaintiffs seeking conditional certification of a Fair
Labor Standards Act collective action is hereby granted;
and it is FURTHER ORDERED that:
1.

The collective action notice entitled “NOTICE OF
LAWSUIT AND OPPORTUNITY TO JOIN” submitted as
Exhibit A attached to plaintiffs’ letter of March
28, 2016, and the opt-in form entitled “CONSENT
TO JOIN COLLECTIVE ACTION AND BECOME A PARTY
PLAINTIFF” submitted as Exhibit B attached to
plaintiffs’ letter of March 28, 2016, are hereby
approved for mailing to potential collective
action opt-in plaintiffs, in both English and
Spanish;

2.

The
English
and
Spanish
versions
of
the
collective action notice and opt-in form shall be
conspicuously posted in defendants’ restaurant;

3.

The scope of potential opt-in plaintiffs for the

conditionally-certified collective action shall
consist of all individuals employed as servers at
Mitad del Mundo Bar Restaurant Corp. at any time
on or after March 28, 2013, to the date of this
Order;
4.

Defendants
shall
provide
to
Plaintiff,
in
machine-readable form, the full names and lastknown addresses and email addresses of all
potential plaintiffs who worked in the above
positions from on or after March 28, 2013 to date
no later than ten (10) days after the date of
this Order; and

5.

Plaintiffs shall mail the notice of collective
action to all potential collective action opt-in
plaintiffs no later than ten (10) days following
defendants’ disclosure of their names and lastknown addresses.
The notice shall be dated the
exact date of the initial mailing and the
deadline date set forth in the notice shall be
the date exactly sixty (60) days thereafter;

6.

If any notice to any potential collective action
opt-in plaintiff is returned as undeliverable,
plaintiffs’ counsel is permitted to mail the
notice to any such persons again at any other
address
he
may
determine
is
appropriate.
However, this shall not extend the sixty (60) day
opt-in deadline from the date of the initial
mailing; and

7.

All potential collective action plaintiffs must
opt-in no later than sixty (60) days following
the date of the initial mailing of the collective
action notice by returning the executed form
entitled “CONSENT TO JOIN COLLECTIVE ACTION AND
BECOME A PARTY PLAINTIFF” in sufficient time for
it to be filed with the Court no later than sixty
(60) days from the date of the initial mailing.
Plaintiffs’ counsel shall thereupon promptly file
such executed consents with the Court.

It is on this __________ day of __________, 2016, SO
ORDERED:
Hon. Peggy Kuo, U.S.M.J.

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