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Galicia v. Ice Cream House On Bedford Ave LLC

United States District Court, E.D. New York

January 18, 2018

WILLIAM GALICIA, on Behalf of Himself and All Others Similarly Situated, Plaintiffs,
v.
ICE CREAM HOUSE ON BEDFORD AVE LLC, ICE CREAM HOUSE, LLC, ICE CREAM HOUSE ON AVE M LLC, ICE CREAM HOUSE ON 36TH STREET LLC, REAL KOSHER ICE CREAM INC. DANIEL KLEIN, DAVID KLEIN, and AVIGDOR KLEIN, Defendants.

          THE OTTINGER FIRM, PC Robert W. Ottinger, Esq., Benjamin Weisenberg, Esq. Attorneys for Defendants

          LAW OFFICES OF WILLIAM CAFARO William Cafaro, Esq., Amit Kumar, Esq. Attorneys for the Named Plaintiff and putative class and collective

          STIPULATION FOR CONDITIONAL CERTIFICATION OF A FLSA COLLECTIVE

          Peggy Kuo, U.S.M.J.

         Plaintiff, William Galacia, on behalf of himself and all others similarly situated ("Plaintiff) and defendants ICE CREAM HOUSE ON BEDFORD AVE LLC ("Bedford Ave."), ICE CREAM HOUSE, LLC ("Ice Cream House"), ICE CREAM HOUSE ON AVE M LLC ("Avenue M"), ICE CREAM HOUSE ON 36TH STREET LLC ("36 St."), REAL KOSHER ICE CREAM INC ("RKIC"), DANIEL KLEIN ("Daniel"), DAVID KLEIN ("David"), and AVIGDOR KLEIN ("Avigdor") (hereinafter Bedford Ave., Ice Cream House, Avenue M, 36 St., Daniel, David, and Avigdor collectively "Defendants[1]"), by and through their undersigned counsel, hereby stipulate and agree as follows:

         WHEREAS, Plaintiff commenced this action, bringing claims under the Fair Labor Standards Act, as a collective action and under the New York Labor Law, as a class action, in the United States District Court for the Eastern District of New York; and

         WHEREAS, Plaintiff alleges he was employed by Defendants and RKIC as a non-exempt employee for Defendants' business, and seeks to represent a collective and class comprised of similarly situated workers under the Fair Labor Standards Act and New York Labor Law;

         WHEREAS, Plaintiff moved for conditional collective action certification and notice pursuant to 29 U.S.C. 216(b) on April 6, 2017, as against the Defendants as well as RKIC;

         WHEREAS, Defendants and RKIC filed their opposition to Plaintiffs motion for conditional certification on May 16, 2017;

         WHEREAS, Plaintiff filed a reply in further support of the motion for conditional certification on May 31, 2017;

         WHEREAS, the parties, without prejudice to Defendants' rights to move for decertification of the collective action at a later date, have negotiated the terms of a proposed notice to be sent to members of the alleged collective ("The Notice") which is appended hereto as Exhibit "1", and the process for disseminating The Notice;

         WHEREAS, the parties have reached an agreement on the scope, form, and manner of distribution of The Notice in this matter, subject to the Court's approval; and

         NOW THEREFORE IT IS STIPULATED AND AGREED:

1. Plaintiff hereby withdraws his motion for conditional collective action certification and notice pursuant to 29 U.S.C. 216(b) as against Defendants;
2. Defendants withdraw their opposition to conditional collective action certification and notice pursuant ...

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