Eliaas et al v. The Dinex Group, LLC et al
ORDER: NOW, THEREFORE, it is hereby ORDERED that, no later than April 8, 2021, Plaintiffs' counsel shall: File a revised form of Notice, as follows: As set forth herein. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 4/01/2021) (ama)
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
David Rivas, et al.,
The Dinex Group, LLC et al.,
STEWART D. AARON, UNITED STATES MAGISTRATE JUDGE:
WHEREAS, on March 30, 2021, Plaintiffs’ counsel, Lee Litigation Group PLLC (“Lee
Litigation Group”), filed the fully executed Settlement Agreement (Settl. Agmt., ECF No. 78-1), as
well as the Notice of Proposed Class Action Settlement that had been omitted from its prior filings
(Notice, ECF No. 78-1); and
WHEREAS, on April 1, 2021, Lee Litigation Group filed a letter containing information in
response to the Court’s March 30, 2021 Order (Pls.’ 4/1/21 Ltr., ECF No. 79); and
WHEREAS, certain revisions are required to the Notice; and
WHEREAS, the proposed form of Order previously submitted to the Court (Proposed
Order, ECF No. 76-2) is incomplete.
NOW, THEREFORE, it is hereby ORDERED that, no later than April 8, 2021, Plaintiffs’
1. File a revised form of Notice, as follows:
a. The caption shall be updated to remove Barbara Eliaas, Jorge Velasquez,
Sultan Ahmed, Shahab Chowdhury and Mang Ming Wong, and to add Giovanni
Lujan (“Lujan”), who remains a named plaintiff in this case.
b. Page 2 of the Notice shall be revised to reflect the fact that those employees
who had executed an Arbitration Agreement as of the date of the Settlement
Agreement are not class members. (See Settl. Agmt. § 1.8.)
c. Page 2 of the Notice shall be revised to reflect that the administration fees are
in the amount of $8,196.00, not $8,186.00. (See Pls.’ 4/1/21 Ltr.)
2. File a revised form of proposed Order, as follows:
a. The caption shall be updated as set forth in Paragraph 1.a. above.
b. The content of the proposed Order shall conform to the same level of detail
as the form of proposed Order submitted to the Court in Fteja v. Nusret New
York LLC, Case No. 19-CV-00429, another case in which Lee Litigation Group
was counsel for plaintiffs. (See Fteja Proposed Order, 19-CV-00429 ECF No. 691.)
3. Send revised Microsoft Word versions of the Notice and Proposed Order to the Court
via email at Aaron_NYSDChambers@nysd.uscourts.gov.
4. File a letter setting forth whether Lujan is intended to be a representative of the class,
as well as an itemization of the $13,029.24 in expenses incurred in this case.
New York, New York
April 1, 2021
STEWART D. AARON
United States Magistrate Judge
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