SHAKIB v. BACK BAY RESTAURANT GROUP, INC. et al, No. 2:2012cv00738 - Document 14 (D.N.J. 2012)
Court Description: OPINION AND ORDER granting deft's 4 Motion to Dismiss ***CIVIL CASE TERMINATED. Signed by Judge Dennis M. Cavanaugh on 8/22/2012. (nr, )
Download PDF
<![CDATA[
CLOSED NOT FOR PUBLICATION UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY BIJAN SHAKIB, individually and on behalf : of all persons similarly situated, : : Plaintiff, : : v. : : : BACK BAY RESTAURANT GROUP, : INC., CHARLES F. SARKIS, ROBERT : CIAMPA, JOHN DOES 1-10, AND ABC : CORPORATIONS 1-10, : : Defendants. : Hon. Dennis M. Cavanaugh OPINION & ORDER Civil Action No: 12-738 (DMC)(JAD) DENNIS M. CAVANAUGH, U.S.D.J.: This matter having come before the Court upon Motion by Back Bay Restaurant Group, Inc., Charles F. Sarkis, Robert Ciampa, John Does 1-10, and ABC Corporations 1-10; ( Defendants ) to Dismiss the Complaint of Bijan Shakib ( Plaintiff ) for Violations of New Jersey Wage and Hour Law, N.J.S.A. § 34:11-4.1, 56a et seq., and the Court having considered the submissions of the parties, and for the reasons stated herein; WHEREAS the nature of Complaint is that Defendants were employers of Plaintiff within the meaning of the NJWHL, and that Defendants failed to pay Plaintiff minimum wages for all hours worked within forty (40) hours per work week and/or at least one and one-half times their regular rate of pay for all hours worked in excess of forty (40) hours per work-week, in violation of N.J.S.A. § 34:11-56a4 and N.J.A.C. §§ 12:56-3.1, 12:56-6.1, 12:56-6.4 & 12:56-14.3; WHEREAS in an Opinion dated September 30, 2011, this Court already considered this exact same issue, and denied Defendants motion to dismiss count two of the complaint in the case Bijan Shakib v. Back Bay Restaurant Group, et al., Civil Action No. 2:10-cv-04564-DMC-JAD; WHEREAS the sole Count in the instant Complaint is identical to that of the above matter; WHEREAS the Court may, in its discretion, dismiss a plaintiff s suit for being substantively identical to the claims that plaintiff raised in another matter before the court, where the parties are identical. Picozzi v. Connor, No. 12-4102, 2012 WL 2839820, at *7 (D.N.J. July 9, 2012); WHEREAS the power of a federal court to prevent duplicative litigation is intended to foster judicial economy and the comprehensive disposition of litigation, and to protect parties from the vexation of concurrent litigation over the same subject matter. Id. (citations and internal quotations omitted); IT IS on this 22nd day of August, 2012; ORDERED that the Complaint is hereby dismissed. S/ Dennis M.Cavanaugh Dennis M. Cavanaugh, U.S.D.J. Original: cc: Clerk All Counsel of Record Hon. Joseph A. Dickson, U.S.M.J. File -2-
]]>
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You
should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
