Valenzuela-Mateo v. Prestige Kitchen Design, Inc. et al

Filing 10

ORDER re: 2 Motion for Leave to Proceed in forma pauperis is GRANTED. As Plaintiff intends to serve and file an Amended Complaint, service will not be undertaken by the Marshal Service at this time. Ordered by Judge Joanna Seybert on 5/12/2014. (Nohs, Bonnie)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
----------------------------------X
PORFIRIO VALENZUELA-MATEO, and
all other similarly situated
employees past and present,
Plaintiffs,

ORDER
14-CV-0518(JS)(AKT)

-againstPRESTIGE KITCHEN DESIGN, INC.,
and MICHAEL AMAR,

Defendants.
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APPEARANCES
For Plaintiff:
Salua V. Baida, Esq.
Community Legal Foundation, Inc.
41-44 44th Street, Suite C-6
Sunnyside, NY 11104
For Defendants:

No appearance

SEYBERT, District Judge:
On January 23, 2014, plaintiff Porfirio Valenzuela-Mateo
(“Plaintiff”) filed a Complaint on behalf of himself and all other
similarly situated employees, past and present, pursuant to the
Fair Labor Standards Act (“FLSA”), 29 U.S.C. §§ 201 et seq. against
Prestige

Kitchen

“Defendants”).

Design,

Plaintiff’s

Inc.

and

Complaint

Michael
was

Amar

(together,

accompanied

by

an

application to proceed in forma pauperis.
Upon review of Plaintiff’s declaration in support of his
application to proceed in forma pauperis, the Court finds that
Plaintiff’s financial status qualifies him to commence this action
without prepayment of the filing fees. See 28 U.S.C. § 1915(a)(1).
Accordingly, Plaintiff’s application to proceed in forma pauperis

is GRANTED.

Given Plaintiff’s intention to serve and file an

Amended Complaint (see April 25, 2014, Civil Conference Minute
Order, Tomlinson, M.J.), service will not be undertaken by the
United States Marshal Service.
SO ORDERED.
/s/ JOANNA SEYBERT
Joanna Seybert, U.S.D.J.
Dated: May
12 , 2014
Central Islip, New York