Molina et al v. Huaxcuaxtla Restaurant Corp. et al

Filing 48

ORDER GRANTING PLAINTIFFS' MOTION FOR CONDITIONAL CERTIFICATION OF A COLLECTIVE ACTION: granting 41 Motion for Conditional Certification of a Collective Action. Plaintiff's Motion for Conditional Certification of a Collective Action is GRANTED. The notices are approved in the form provided in Exhibits E, F, G and H of the Collopy Decl. at Dkt. No. 43. The definition of the FLSA collective action is as follows: "All workers who have been employed byHuaxcuaxtla, El Cerrito, Come rcial, Nolberto Martinez Cristanos, or Isabel Romero at any time from March 20, 2017 to the present." The Court further ORDERS: Defendants to provide contact information (names, last known homeaddresses, home and mobile telephone phone numbers, and email addresses) for the conditionally certified FLSA Collective on or before October 2, 2020; The parties to disseminate all Notices to the conditionally certified FLSA Collective on or before October 9, 2020; Plaintiffs' Notices of Pendenc y (Ex. H) is to be posted in Defendants' work places on or before October 9, 2020 and remain up through the end of the notice period; and The notice period is to remain open for at least 75 days from the issuance of Notices. The conference scheduled for October 1, 2020, at 10:50 a.m., is CANCELLED. The Clerk of Court is respectfully directed to close Dkt. No. 41. IT IS SO ORDERED. (Signed by Judge Lorna G. Schofield on 9/22/2020) (ama)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
ADELA MOLINA, LETICIA HERNANDEZ, and
VERONICA GUTIERREZ, on behalf of
themselves and others similarly situated,
Plaintiffs,
v.

Civil Case No.: 1:20-cv-02481-LGS
XXXXXXXXXXXX
[PROPOSED] ORDER GRANTING
PLAINTIFFS’ MOTION FOR
CONDITIONAL CERTIFICATION
OF A COLLECTIVE ACTION

HUAXCUAXTLA RESTAURANT CORP., EL
CERRITO RESTAURANT, COMERCIAL
MEXICANA CORP., and NOLBERTO
MARTINEZ CRISANTOS and ISABEL
ROMERO, in their individual and professional
capacities,
Defendants.
WHEREAS, on August 21, 2020, Plaintiffs moved for Conditional Certification of a
Collective Action under Section 216(b) of the Fair Labor Standards Act, 29 U.S.C. §§ 201, et seq.;
WHEREAS, Plaintiffs submitted proposed Notices of Pendency and Consent Forms to be
sent via U.S. mail (Declaration of Patrick J. Collopy (“Collopy Decl.”), Exhibit E),1 proposed
Notices of Pendency to be sent via email (Ex. F), proposed Notices of Pendency to be sent via text
message (Ex. G), and proposed Notices of Pendency to be posted in Defendants’ workplaces (Ex.
H);
WHEREAS, by Order dated July 21, 2020, Defendants were directed to file any opposition
to Plaintiffs’ motion by September 4, 2020 (ECF No. 37);
WHEREAS, Defendants did not file an opposition;

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Unless otherwise noted, all references to exhibits to the Collopy Decl. are hereinafter cited as “Ex. __.”

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WHEREAS, on September 8, 2020, Plaintiffs filed a supplemental Memorandum of Law
in further support of their Motion for Conditional Certification of a Collective Action (ECF No.
44);
WHEREAS, by Order dated September 8, 2020, Defendants were directed to file any
opposition to Plaintiffs’ motion by September 11, 2020 (ECF No. 45);
WHEREAS, Defendants were advised that if they did not file an opposition, the collective
may be conditionally certified (id.);
WHEREAS, Defendants have not opposed Plaintiffs’ Motion for Conditional Certification
of a Collective Action;
WHEREAS, Defendants have not opposed the proposed Notices of Pendency; and
NOW, WHEREFORE, the Court, having considered Plaintiffs’ Motion for Conditional
Certification of a Collective Action and the proposed Notices of Pendency, and for good cause
shown, hereby ORDERS as follows:
Plaintiffs’ Motion for Conditional Certification of a Collective Action is GRANTED.
The notices are approved in the form provided in Exhibits E, F, G and H of the Collopy Decl. at Dkt. No. 43.
The definition of the FLSA collective action is as follows: "All workers who have been employed by
Huaxcuaxtla, El Cerrito, Comercial, Nolberto Martinez Cristanos, or Isabel Romero at any time from March 20,
2017 to the present."
The Court further ORDERS:
a.

Defendants to provide contact information (names, last known home
addresses, home and mobile telephone phone numbers, and email
addresses) for the conditionally certified FLSA Collective on or before
October 2, 2020;

b.

The parties to disseminate all Notices to the conditionally certified FLSA
Collective on or before October 9, 2020;

c.

Plaintiffs’ Notices of Pendency (Ex. H) is to be posted in Defendants’
workplaces on or before October 9, 2020 and remain up through the end of
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the notice period; and
d.

The notice period is to remain open for at least 75 days from the issuance

of Notices.
The conference scheduled for October 1, 2020, at 10:50 a.m., is CANCELLED.
IT IS SO ORDERED.
The Clerk of Court is respectfully directed to close Dkt. No. 41.

Dated: September 22, 2020
New York, New York

_________________________
Honorable Lorna G. Schofield
UNITED STATES DISTRICT JUDGE

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