Patricio Agapito et al v. AHDS Bagel LLC et al

Filing 127

ORDER: granting (123) Letter Motion to Consolidate Cases 16cv8170 (as Lead Case) with 17-cv-4127, 18-cv-8321 in case 1:16-cv-08170-JPO. Granted. The Court concludes that there are questions of law and fact common to Agapito v. AHDS Bagel LLC (No. 16- CV-8170), Patricio v. AHDS Bagel LLC (No. 17-CV-4127), and Neri v. Nussbaum (No. 18-CV-8321). Further, no party opposes consolidation. Pursuant to Federal Rule of Civil Procedure 42(2), the Court therefore orders the consolidation of these three actions. SO ORDERED. (Signed by Judge J. Paul Oetken on 11/18/2019) Filed In Associated Cases: 1:16-cv-08170-JPO, 1:17-cv-04127-JPO, 1:18-cv-08321-JPO (ama)

Michael Faillace & Associates, P.C.
Employment and Litigation Attorneys
60 East 42nd Street, Suite 4510
New York, New York 10165
_________

VIA ECF

Granted. The Court concludes that there 317-1200
Telephone: (212) are questions of law and
fact common to Agapito v. AHDS Bagel LLC (No. 16-CV-8170), Patricio
Facsimile: [phone]
v. AHDS Bagel LLC (No. 17-CV-4127), and Neri v. Nussbaum (No. 18CV-8321). Further, no party opposes consolidation. Pursuant to
Federal Rule of Civil Procedure 42(2), the Court therefore orders the
November 11, 2019
consolidation of these three actions.
So ordered: 11/18/2019

Hon. J. Paul Oetken
United States District Judge
United States District Court
40 Foley Square
New York, New York 10007
Re:

Agapito, et al. v. AHDS Bagel LLC, et al.;
Case No. 16-cv-8170-JPO
Patricio, et al. v. AHDS Bagel LLC, et al.;
Case No. 17-cv-4127-JPO
Neri, et al. v. Nussbaum, et al.
Case No. 18-cv-8321-JPO

Dear Judge Oetken:
The parties write jointly to request that the above-referenced matters be consolidated,
pursuant to Fed. R. Civ. P. 42(2). 1 The parties believe that this consolidation is appropriate, given
that the cases involve common questions of law or fact, including whether plaintiffs were paid
appropriately for overtime, received proper notices and wage statements, and whether Defendants
were entitled to a tip credit as to delivery workers in all three actions. Further, consolidation is
appropriate for purposes of settlement, as the parties plan to submit a global settlement agreement
covering all three actions by November 15, 2019.
We thank the Court for its time and attention to this matter.

Respectfully Submitted,
/s/Finn Dusenbery, Esq.
Finn Dusenbery, Esq.
MICHAEL FAILLACE & ASSOCIATES, P.C.

/s/ Lawrence Morrison
Lawrence Morrison, Esq.
MORRIS TENEBAUM, PLLC

Attorneys for Plaintiffs

Attorneys for Defendants

1

The parties have filed a proposed stipulation to dismiss the claims of Plaintiff Jose Francisco Requelme Pliego in
Agapito, et al. v. AHDS Bagel LLC, et al., No. 16-cv-8170 (JPO).
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