Cabrera v. Frost Restaurant Inc. et al

Filing 19

ORDER denying, without prejudice, 18 Motion to Certify FLSA Collective Action, as discussed in the attached order. The parties shall promptly confer and file amended documents, as described herein. Ordered by Chief Mag. Judge Roanne L. Mann on 8/7/2017. (Proujansky, Josh)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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CLAUDIO CABRERA,
Plaintiff,

ORDER

-against-

17-CV-2221 (MKB)

FROST RESTAURANT INC., et al.,
Defendants.
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This Court has reviewed the parties’ Stipulation of Conditional Collective Certification and
attachments, Docket Entry (“DE”) #18, and requires the following modifications:
(1) Neither the Court Authorized Notice of Lawsuit (DE #18-1), nor the Consent to
Become a Party Plaintiff (DE #18-2), clearly informs prospective opt-ins that they may retain their
own attorneys or proceed pro se; nor do the documents provide the Court’s address, where the
Consents forms should be sent if an opt-in retains separate counsel or proceeds pro se.
(2) Part VII of the Court Authorized Notice of Lawsuit, and the Consent to Become a
Party Plaintiff, do not make clear that in the event of a settlement, the one-third contingency fee
may be deducted from the opt-in’s settlement proceeds.
(3) Part V and the last paragraph of Part III of the Court Authorized Notice of Lawsuit do
not alert the prospective opt-ins to the running of the statute of limitations.
The parties shall promptly confer and file amended documents, as described above.
SO ORDERED.
Dated: Brooklyn, New York
August 7, 2017
/s/

Roanne L. Mann

ROANNE L. MANN
CHIEF UNITED STATES MAGISTRATE JUDGE