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)

FILED

IN CLERK'S OFFICE
U S DISTRICT COURT E 0 N Y

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

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ANCELMO SIMEON MENDEZ LOPEZ,
SANTOS NATIVIDAD CALI ZAMBRANO,
on behalf of themselves and all others similarly
situated,

SEP 17 2015

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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.

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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

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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.
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s/ Leonard D. Wexler
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LEONARD D. WEXLER
UNITED STATES DISTRICT JUDGE
Dated: Central Islip, New York
September \12015

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