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McBETH v. GABRIELLI TRUCK SALES, LTD.

No. CV 09-04112 (LDW) (ETB).

731 F.Supp.2d 316 (2010)

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, L.L.C.; Gabrielli Truck Service, Inc.; and Gabrielli Ford Truck Sales & Service Inc.; and/or any other entities affiliated with or controlled by Gabrielli Truck Sales, Ltd.; Gabrielli Truck Sales of Connecticut, L.L.C.; Gabrielli Truck Service, Inc.; Gabrielli Ford Truck Sales & Service Inc.; Armando Gabrielli, and/or Amedeo Gabrielli, Plaintiffs, v. GABRIELLI TRUCK SALES, LTD.; Gabrielli Truck Sales of Connecticut, L.L.C.; Gabrielli Truck Service, Inc.; and Gabrielli Ford Truck Sales & Service Inc.; Armando Gabrielli; Amedeo Gabrielli; and/or any other entities affiliated with or controlled by Gabrielli Truck Sales, Ltd.; Gabrielli Truck Sales of Connecticut, L.L.C.; Gabrielli Truck Service, Inc.; Gabrielli Ford Truck Sales & Service Inc.; Armando Gabrielli, and/or Amedeo Gabrielli, Defendants.

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

August 5, 2010.

Attorney(s) appearing for the Case

Virginia & Ambinder, LLP, by: Marc A. Tenenbaum, Esq., New York, NY, Leeds Morelli & Brown, P.C., by: Jeffrey K. Brown, Esq., Carle Place, NY, for Plaintiffs.

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

BOYLE, United States Magistrate Judge:

Before the court is Plaintiffs' motion for leave to file a second amended complaint to allege an additional claim under New York Labor Law § 663(1) and to expand the allegations of the complaint to include another corporate location located in Dayton, New Jersey. Defendants oppose Plaintiffs' motion on the grounds that it is futile. For the following reasons, Plaintiffs' motion for leave to amend is granted.

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