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BADIA v. HOMEDELIVERY LINK, INC.

Civ. No. 2:12-cv-06920 (WJM), No. 2:12-cv-07097 (WJM).

HENRY BADIA, ALVIN BRANCH, JAMIE DELCID, JOSE MUNOZ, MIGUEL PUCA, GEORGE RODRIQUEZ, and WALTER VELASQUEZ, on behalf of themselves and all others similarly situated, Plaintiffs, v. HOMEDELIVERY LINK, INC. and MACY'S INC., Defendants. CAMILLO ECHAVARRIA, on behalf of herself and all others similarly situated, Plaintiff, v. HOMEDELIVERY LINK, INC. and MACY'S INC., Defendants. HOMEDELIVERY LINK, INC., Counterclaimant, v. HENRY BADIA, ALVIN BRANCH, JOSE MUNOZ, and MIGUEL PUCA, Counterclaim Defendants. HOMEDELIVERY LINK, INC., Third-Party Plaintiff, v. MELIAN TRUCKING CORP., G ROD TRUCKING, INC. and SHORTY'S TRUCKING CORP., Third-Party Defendants..

United States District Court, D. New Jersey.

July 22, 2014.

Attorney(s) appearing for the Case

HENRY BADIA, Plaintiff, represented by ANTHONY L. MARCHETTI, MARCHETTI LAW, P.C. & RAVI SATTIRAJU, THE SATTIRAJU LAW FIRM, P.C..

ALVIN BRANCH, Plaintiff, represented by ANTHONY L. MARCHETTI, MARCHETTI LAW, P.C..

JAMIE DELCID, Plaintiff, represented by ANTHONY L. MARCHETTI, MARCHETTI LAW, P.C..

JOSE MUNOZ, Plaintiff, represented by ANTHONY L. MARCHETTI, MARCHETTI LAW, P.C..

MIGUEL PUCA, Plaintiff, represented by ANTHONY L. MARCHETTI, MARCHETTI LAW, P.C..

GEORGE RODRIGUEZ, Plaintiff, represented by ANTHONY L. MARCHETTI, MARCHETTI LAW, P.C..

WALTER VELASQUEZ, Plaintiff, represented by ANTHONY L. MARCHETTI, MARCHETTI LAW, P.C..

CAMILLO ECHAVARRIA, Consol Plaintiff, represented by RAVI SATTIRAJU, THE SATTIRAJU LAW FIRM, P.C. & ANTHONY L. MARCHETTI.

HOME DELIVERY LINK, INC., Defendant, represented by PETER FRANCIS BERK, Genova Burns Giantomasi & Webster.

MACY'S, INC., Defendant, represented by JOSEPH D. GUARINO, DLA Piper LLP & JAMES VINCENT NOBLETT, DLA PIPER LLP.

HOME DELIVERY LINK, INC., ThirdParty Plaintiff, represented by PETER FRANCIS BERK, Genova Burns Giantomasi & Webster.

HOME DELIVERY LINK, INC., Counter Claimant, represented by PETER FRANCIS BERK, Genova Burns Giantomasi & Webster.

HENRY BADIA, Counter Defendant, represented by ANTHONY L. MARCHETTI, MARCHETTI LAW, P.C..

ALVIN BRANCH, Counter Defendant, represented by ANTHONY L. MARCHETTI, MARCHETTI LAW, P.C..

JOSE MUNOZ, Counter Defendant, represented by ANTHONY L. MARCHETTI, MARCHETTI LAW, P.C..

MIGUEL PUCA, Counter Defendant, represented by ANTHONY L. MARCHETTI, MARCHETTI LAW, P.C..

HOME DELIVERY LINK, INC., Counter Claimant, represented by PETER FRANCIS BERK, Genova Burns Giantomasi & Webster.

CAMILLO ECHAVARRIA, Counter Defendant, represented by RAVI SATTIRAJU, THE SATTIRAJU LAW FIRM, P.C..

OPINION

WILLIAM J. MARTINI, District Judge.

At issue in this putative class action is whether Plaintiffs were misclassified as independent contractors when they were actually employees. Now before the Court are two motions to dismiss claims for indemnification. First, Plaintiffs Jamie Delcid, George Rodriguez, and Walter Velasquez, move pursuant to Federal Rule of Civil Procedure 12(b)(6) to dismiss Counterclaimant/Third-Party Plaintiff Homedelivery Link...

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