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CHALUISAN v. SIMSMETAL EAST LLC

No. 09 Civ. 1182(PGG).

698 F.Supp.2d 397 (2010)

Carlos CHALUISAN, on behalf of himself and all others similarly situated, Plaintiffs, v. SIMSMETAL EAST LLC, Mark Santiago, and John Does 1-10, Defendants.

United States District Court, S.D. New York.

March 23, 2010.

Attorney(s) appearing for the Case

David Stein, Coleman Law Firm, Clifton, NJ, Bradley Ian Berger, Berger & Associates Attorneys, Michael Steven Samuel, Samuel & Stein, New York, NY, for Plaintiff.

Cheryl Marie Stanton, Cheoma Smith, David A. Copus, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., Morristown, NJ, for Defendants.

MEMORANDUM OPINION & ORDER

PAUL G. GARDEPHE, District Judge:

In this putative class action, Plaintiff Carlos Chaluisan asserts claims under the Fair Labor Standards Act ("FLSA"), 29 U.S.C. § 201 et seq., and the New York Labor Law, § 650 et seq., on behalf of himself and all others similarly situated, for failure to pay overtime compensation. Plaintiff also asserts individual state law claims for breach of contract and...

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