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FLORES v. MAMMA LOMBARDIS OF HOLBROOK, INC.

No. CV 12-3532.

942 F.Supp.2d 274 (2013)

Elmer FLORES, Jose Gonzalez Rodriguez, Ramon Benitez, Jamie Velasquez, Edwin Hernandez, Paola Pineda, Lillian Fuentes, Edwin Esquival and Fred Fuentes, on behalf of themselves and others similarly situated, Plaintiffs, v. MAMMA LOMBARDIS OF HOLBROOK, INC., 600 South Ocean Operating Corp., d/b/a/ Lombardi's on the Bay, Lombardi Caterers, Inc., d/b/a/ Lombardi's on the Sound, QCG, Inc., d/b/a/ Villa Lombardi's, Lombardi's Gourmet Market, Qurino Lombardi, Jerry Lombardi, Josephine Lombardi Papadakis, Filomena Lombardi and Guy Lombardi, Defendants.

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

April 15, 2013.

Attorney(s) appearing for the Case

Frank & Associates, P.C., by: Peter Arcadio Romero, Esq., Neil Frank, Esq., Farmingdale, NY, for Plaintiffs.

Lipman & Plesur, LLP., by: Robert D. Lipman, Esq., David Robins, Esq., Jericho, NY, for Defendants.

MEMORANDUM AND ORDER

WEXLER, District Judge.

This is a case brought pursuant to the Fair Labor Standards Act, 29 U.S.C. § 207 (the "FLSA"), and parallel provisions of the New York State Labor Law, seeking minimum wage and overtime compensation. Plaintiffs represent themselves and seek to represent a class of persons similarly situated. Presently before the court are Plaintiffs' motions to dismiss Defendants' counterclaim and to amend their complaint...

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