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DOMNISTER v. EXCLUSIVE AMBULETTE, INC.

Docket No. 08-4387-cv.

607 F.3d 84 (2010)

Gennadiy M. DOMNISTER, Vladslav Sitnikov, Vladimir Michenko, Eduard Lerner, Eduard Murkametdinov, Aleusandr Yuldashev, on behalf of themselves and others similarly situated, Plaintiffs-Appellants, v. EXCLUSIVE AMBULETTE, INC., doing business as Exclusive Transportation Services, Exclusive Transportation Services, YMF Limited Liability Corp., Susan Edelman, Michael Edelman, David H. Greenbaum, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: Friday, June 4, 2010.

Attorney(s) appearing for the Case

Anthony C. Ofodile, Ofodile & Associates, P.C., Brooklyn, NY, for Plaintiffs-Appellants.

Richard M. Howard, Jonathan D. Farrell, Meltzer, Lippe, Goldstein & Breitstone, LLP, Mineola, N.Y. for Defendants-Appellees.

Before: SACK and B.D. PARKER, Circuit Judges, and GOLDBERG, Judge.

B.D. PARKER, JR., Circuit Judge:

Plaintiffs-appellants are Russian immigrants who allege that their former employer discriminated and retaliated against them based on their national origin. All are former employees of YMF Limited Liability Company, a Brooklyn, New York company, doing business as Exclusive Transportation Services ("ETS"), that is engaged in the business of transporting elderly persons. Def. R. 56.1 Statement ¶¶ 7, 12, 16, Doc. No. 46,

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