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McBETH v. GABRIELLI TRUCK SALES, LTD.

No. CV 09-4112.

768 F.Supp.2d 392 (2011)

Khalid McBETH and Carmine Cascone, individually and on behalf of all other persons similarly situated who were employed by Gabrielli Truck Sales, Ltd.; Gabrielli Truck Sales of Connecticut, LLC, Gabrielli Truck Service, Inc. and Gabrielli Ford Truck Sales and Service, Inc.; and/or any other entities affiliated with or controlled by Gabrielli Truck Sales, Ltd.; Gabrielli Truck Sales of Connecticut, LLC Gabrielli Truck Service, Inc. and Gabrielli Ford Truck Sales and Service, Inc.; Armando Gabrielli, and/or Amedeo Gabrielli, Plaintiffs, v. GABRIELLI TRUCK SALES, LTD.; Gabrielli Truck Sales of Connecticut, LLC, Gabrielli Truck Service, Inc. and Gabrielli Ford Truck Sales and Service, Inc.; and/or any other entities affiliated with or controlled by Gabrielli Truck Sales, Ltd.; Gabrielli Truck Sales of Connecticut, LLC Gabrielli Truck Service, Inc. and Gabrielli Ford Truck Sales and Service, Inc.; Armando Gabrielli, and/or Amedeo Gabrielli, Defendants.

United States District Court, E.D. New York.

January 5, 2011.

Attorney(s) appearing for the Case

Virginia & Ambinder, LLP, by: Lloyd R. Ambinder, Esq., James Emmet Murphy, Esq., New York, NY, for Plaintiffs.

Leeds Morelli & Brown, P.C., by: Jeffrey Kevin Brown, Esq., Carle Place, NY, for Plaintiffs.

Jackson Lewis LLP, by: Jeffrey W. Brecher, Esq., Paul J. Siegel, Esq, Noel P. Tripp, Esq., Melville, NY, for Defendants.

Putney, Twombly, Hall & Hirson, by: James E. McGrath, III, Esq., New York, NY, for Proposed Amici Curiae Greater New York Automobile Dealers Association, New York State Automobile Dealers Association and National Automobile Dealers Association.

MEMORANDUM AND ORDER

WEXLER, District Judge.

This is a case that seeks overtime compensation, brought pursuant to the Fair Labor Standards Act, 29 U.S.C. § 207 (the "FLSA"), and parallel provisions of New York State law, against the Defendant employers. Plaintiffs Khalid McBeth ("McBeth") and Carmine Cascone ("Cascone"), represent themselves, and seek to represent a class of persons similarly situated...

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