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BROWNING v. CEVA FREIGHT, LLC

No. 10-cv-5594 (ADS)(AKT).

885 F.Supp.2d 590 (2012)

Franklin BROWNING, individually and on behalf of all other persons similarly situated who were employed by Ceva Freight, LLC and EGL, Inc. and/or any other entities with, controlling, or controlled by Ceva Freight, LLC or EGL, Inc., Plaintiffs, v. CEVA FREIGHT, LLC and EGL, LLC, Defendants.

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

August 11, 2012.

Attorney(s) appearing for the Case

Virginia & Ambinder LLP, by: Lloyd Robert Ambinder, Esq., James Emmet Murphy, Esq., of Counsel, New York, NY, for the Plaintiffs.

Leeds Morelli & Brown, PC, by: Jeffrey Kevin Brown, Esq., Jessica Lorraine Parada, Esq., Michael Alexander Tompkins, Esq., of Counsel, Carle Place, NY, for the Plaintiffs.

O'Melveny & Myers LLP, by: Jeffrey I. Kohn, Esq., Jennifer Merzon Evans, Esq., of Counsel, New York, NY, for the Defendants.

MEMORANDUM OF DECISION AND ORDER

SPATT, District Judge.

This proposed class action, concerning alleged unpaid wages and overtime wages, was brought pursuant to the Fair Labor Standards Act ("FLSA") and New York Labor Law ("NYLL"). The Defendants have now moved for summary judgment, arguing that the Plaintiffs are not entitled to recovery under either statute because they are properly classified as "independent...

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