Camara et al v. Just Salad 600 Third LLC et al, No. 1:2016cv07078 - Document 99 (S.D.N.Y. 2018)

Court Description: MEMORANDUM OPINION & ORDER re: 93 LETTER MOTION for Leave to File Supplement to Plaintiffs Opposition to Defendants Motion for Summary Judgment addressed to Judge John G. Koeltl from John Troy dated March 19, 2018. filed by Reymu ndo Molina Medel et al.; 75 MOTION for Summary Judgment filed by Just Salad 291 7th Avenue LLC et al. The Court has considered all of the arguments raised by the parties. To the extent not specifically addressed, the arguments are either moot or without merit. For the foregoing reasons, the defendants' motion for summary judgment is granted in part and denied in part as follows: All of Marco Medel's FLSA and NYLL claims are dismissed with prejudice; All of Ca rranza's FLSA claims are dismissed with prejudice, and all of his NYLL claims are dismissed without prejudice; All of Reymundo Medel's FLSA claims are dismissed with prejudice, and all of his NYLL claims are dismissed without prejudice; All of Camara's, Zapotitlan's, Velazquez's, Panora's and Santos's FLSA and NYLL claims against Kenner, Crespi, Pensiero, Just Salad GP LLC, Just Salad Partners LLC, Just Salad 315 PAS LLC, Just Salad 706 6th Ave LLC, Just S alad WWP LLC, Just Salad 663 Lex LLC, Just Salad Park Slope LLC, Just Salad 8th St LLC, Just Salad 1st Avenue LLC, Just Salad Hudson Square LLC, Just Salad State Street LLC, Just Salad 90 Broad Street LLC, Just Salad 2056 Broadway LLC, Just Salad 1 40 8th Ave LLC, Just Salad 233 Broadway LLC, Just Salad Woodbury LLC, and Just Salad 291 7th Avenue LLC are dismissed with prejudice; Zapotitlan's, Velazquez's, and Santos's claims under counts 1, 2, 3, 4, and 11 are dismissed with p rejudice; Velazquez's claims under counts 7 and 8 are dismissed with prejudice; All other claims and defendants remain in the case. The plaintiffs' motion for collective certification and court-authorized notice is denied. The Clerk is directed to close all pending motions. SO ORDERED. (Signed by Judge John G. Koeltl on 3/29/2018) (anc)