Lopez et al v. Setauket Car Wash & Detail Center et al

Filing 150

MEMORANDUM AND ORDER denying 131 Motion for Summary Judgment. For the reasons stated herein, Defendants' motion for summary judgment is denied. Counsel are reminded that jury selection is scheduled for January 4, 2016.Ordered by Judge Leonard D. Wexler on 9/17/2015.) (Fagan, Linda)

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FILED IN CLERK'S OFFICE U S DISTRICT COURT E 0 N Y * UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK -------------------------------------------------------)( ANCELMO SIMEON MENDEZ LOPEZ, SANTOS NATIVIDAD CALI ZAMBRANO, on behalf of themselves and all others similarly situated, SEP 17 2015 * LONG ISLAND OFFICE MEMORANDUM AND ORDER cv 12-6324 (Wexler, J.) Plaintiffs, -againstSETAUKET CAR WASH & DETAIL CENTER, TLCW, INC., KARP ENTERPRISES, INC., STEVEN SAVIANO, and MARK CHAIT, Defendants. -----------------------------------------------------------)( APPEARANCES: FRANK & ASSOCIATES, P.C. BY: Neil M. Frank, Esq. 500 Bi-Country Boulevard, 112N Farmingdale, New York 11735 Attorneys for Plaintiffs ZABELL & ASSOCIATES, P.C. BY: Saul D. Zabell, Esq. 1 Corporate Drive Bohemia, New York 11716 Attorneys for Defendants WEJ<LER, District Judge: Plaintiffs bring this action alleging violations of Fair Labor Standards Act ("FLSA") and the New York Labor Law ("NYLL") for the failure of Defendants Setauket Car Wash & Detail Center, TLCW, Inc., Karp Enterprises, Inc., Steven Saviano, and Mark Chait (collectively, "Defendants") to pay overtime and other wages. Defendants move for summary judgment, arguing that Plaintiffs fail to state a claim since they cannot establish individual coverage or that -1- Defendants generated sufficient gross revenue to satisfy enterprise coverage, as required by the FLSA. Having reviewed the papers in support of and in opposition to the motion for summary judgment, the Court finds that genuine issues of material fact exist in regard to whether the coverage elements essential to establishing a claim under the FLSA have been satisfied. Such issues of fact preclude the entry of summary judgment at this time. The parties may renew their arguments at the time of trial. Accordingly, Defendants' motion for summary judgment is denied. Counsel are reminded that jury selection is scheduled for January 4, 2016. SO ORDERED. ,.... (_#ยท-"/ s/ Leonard D. Wexler ...,_...- .., LEONARD D. WEXLER UNITED STATES DISTRICT JUDGE Dated: Central Islip, New York September \12015 -2-

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