Sosa Teoba v. Trugreen Landscape L.L.C.

Filing 84

ORDER that plaintiffs proposed Notice and method of distribution, which is modeled on Rivera v. Brickman Grp., Ltd., shall be the Notice and method of distribution used in this case. Signed by Hon. Jonathan W. Feldman on 9/30/2011. (RJO)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
OTONIEL SOSA TEOBA, individually and
on behalf of others similarly
situated, FRANCISCO NOEL FERNANDEZ,
JESUS CAMORA VICTORIA, LUIS ALBERTO
GOMEZ DELGADO, JUAN LUIS GOMEZ,
ALEJANDRO TIBURCIO MALDONADO,
ALEJANDRO RODERIGUEZ RASCON, GABRID
MORALES CONTRETAS, FERNANDO FERNANDEZ
HERNANDEZ, LUIS GABRIEL HERNAND CRUZ,
RAFAEL OLMOS SANCHEZ, BERTIN MORALES
and CARLOS MUNUZ,

ORDER
10-CV-6132

Plaintiff(s),
v.
TRUGREEN LANDCARE, L.L.C.,
Defendant(s).

On August 11, 2011, the Court granted plaintiffs’ Motion to
Approve Notice to Class and Method of Distribution (Docket # 51)
“subject to the Court’s review of both the proposed notice and the
method of distribution.”

See Order dated August 11, 2011 (Docket

# 73). The Court advised that the notice approved for distribution
in Rivera v. Brickman Grp., Ltd., No. 05-1518, 2008 WL 81570 (E.D.
Pa. Jan. 7, 2008) “will be the template for the Notice and method
of distribution in this case.”

By letter dated August 30, 2011,

plaintiffs’ counsel, Edward Tuddenham, Esq., informed the Court
that despite the parties’ attempts to negotiate an agreed FLSA
Notice and order governing the distribution of the Notice, the
parties have been unsuccessful in agreeing upon a proposed Notice
and method of distribution.

Plaintiffs and defendant have both

submitted proposed Notices and methods of distribution for the
Court to review.

The Court, having reviewed the parties’ proposed

Notices and methods of distribution, hereby Orders that plaintiffs’
proposed Notice and method of distribution, which is modeled on
Rivera v. Brickman Grp., Ltd., 2008 WL 81570, shall be the Notice
and method of distribution used in this case.
SO ORDERED.

JONATHAN W. FELDMAN
UNITED STATES MAGISTRATE JUDGE
Dated: September 30, 2011
Rochester, New York

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