Molina et al v. Huaxcuaxtla Restaurant Corp. et al

Filing 67

MEMO ENDORSEMENT granting 66 Motion. ENDORSEMENT: The application is GRANTED. Opt-in plaintiff Sapir Ngom is removed from this case. (Signed by Judge Lorna G. Schofield on 1/19/2021) (cf)

Case 1:20-cv-02481-LGS Document 67 Filed 01/19/21 Page 1 of 1

The application is GRANTED. Opt-in plaintiff Sapir Ngom is removed from
this case.
Camilo M. Burr
[e-mail]

SO ORDERED

VIA ECF

Dated: January 19, 2021
The Honorable Lorna G. Schofield New York, New York

United States District Court
Southern District of New York
40 Centre Street
Courtroom 1106
New York, New York 10007
Re: Molina, et al. v. Huaxcuaxtla Restaurant Corp., et al., No. 1:20-cv-2481-LGS
Dear Judge Schofield:
We represent Plaintiffs in the above-referenced action and write to respectfully request
Your Honor remove the Consent to Join form filed on behalf of Sapir Ngom (ECF Nos. 24 to 241) from the docket and withdraw Mr. Ngom from this case.
On June 2, 2020, Mr. Ngom contacted Plaintiffs’ counsel seeking to join the lawsuit. Mr.
Ngom believed that he had claims against El Cerrito Restaurant (“El Cerrito”), a defendant in this
case. Upon further investigation, it became apparent that Mr. Ngom did not work for El Cerrito
and likely confused this restaurant with another restaurant where he may have worked. Deposition
testimony and documents exchanged in this case confirm that Mr. Ngom likely never worked for
Defendants.
Upon further inquiry into this matter with Mr. Ngom, he advised that he no longer wished
to be contacted. We attempted to obtain a withdrawal form; however, Mr. Ngom (in no uncertain
terms) directed us to stop calling him. Out of an abundance of caution, Plaintiffs’ counsel also
mailed and emailed Mr. Ngom; but he never responded.
Based on the foregoing, Plaintiffs’ counsel respectfully request that the Consent to Join
form filed on behalf of Sapir Ngom (ECF Nos. 24 to 24-1) be removed from the docket and that
Mr. Ngom be withdrawn from this case.
Plaintiffs’ counsel conferred with Defendants’ counsel on this issue. Defendants’ counsel
advised that Defendants have no objection to this filing.
We thank Your Honor for the Court’s time and attention to this matter.
Respectfully submitted,

Camilo M. Burr
cc: Counsel of Record (via ECF)