United States District Court, E.D. New York
For Plaintiff: SETH R. LESSER, ESQ., FRAN L. RUDICH, ESQ., JEFFREY A. KLAFTER, ESQ., KLAFTER OLSEN & LESSER LLP, Rye Brook, New York.
For Plaintiff: SILVIA STRIKIS, ESQ., KELLOGG, HUBER, HANSEN, TODD, EVANS & FIGEL, Washington, DC.
For Plaintiff: STEVEN M. FEDER, ESQ., FEDER LAW FIRM, Denver, Colorado.
For Defendant: WENDY JOHNSON LARIO, ESQ., GREENBERG TRAURIG, LLP, Florham Park, New Jersey.
For Defendant: BRIAN L. DUFFY, ESQ., NAOMI G. BEER, ESQ., JEANETTE M. BROOK, ESQ., GREENBERG TRAURIG, LLP, Denver, Colorado.
MEMORANDUM AND ORDER
LEONARD D. WEXLER, UNITED STATES DISTRICT JUDGE.
Plaintiff Agustine Castillo (" Plaintiff" or " Castillo" ) commenced this case individually, and on behalf of a similarly situated class of individuals. The complaint seeks overtime compensation pursuant to the Fair Labor Standards Act, 29 U.S.C. § 207 (the " FLSA" ), and a parallel provision of New York State law. Defendants are Taco Bell of America, LLC and Taco Bell Corp. (collectively " Defendants" or " Taco Bell" ). Presently before the court is Defendants' motion, pursuant to Rule 12(b)(6), to dismiss the class/collective claims without prejudice to Plaintiff pursuing an individual action or, in the alternative to stay the putative class claims pending the final outcome of a collective action being pursued in the United States District Court for the District of Colorado.
I. The Parties and the Allegations of the Complaint
Plaintiff is a citizen of the State of New York. Defendant Taco Bell of America, LLC is a limited liability corporation existing under the laws of the State of Delaware with its principle place of business in the state of Kentucky. Defendant Taco Bell Corp. is a California corporation with its principle place of business in that state. Defendants are alleged to operate a chain of approximately 1,240 restaurants throughout the United States.
Plaintiff was employed as an assistant general manager at a company-owned Taco Bell restaurant located in Bay Shore, New York. The complaint defines a " company-owned"
restaurant as a restaurant that is owned and operated by Defendants, as opposed to Taco Bell restaurants that are operated by independent franchisees. Plaintiff was employed by Taco Bell from September 9, 2009 through March 23, 2011. His claim in this matter is for the period of ...