McBETH v. GABRIELLI TRUCK SALES, LTD.

No. CV 09-04112(LDW)(ETB).

768 F.Supp.2d 396 (2011)

Khalid McBETH and Carmine Cascone, individually and on behalf of all other persons similarly situated who were employed by Gabrielli Truck Sales, Ltd.; Gabrielli Truck Sales of Connecticut, L.L.C.; Gabrielli Truck Service, Inc.; and Gabrielli Ford Truck Sales & Service, Inc.; and/or any other entities affiliated with or controlled by Gabrielli Truck Sales, Ltd.; Gabrielli Truck Sales of Connecticut, L.L.C.; Gabrielli Truck Service, Inc.; Gabrielli Ford Truck Sales & Service Inc.; Armando Gabrielli, and/or Amedeo Gabrielli, Plaintiffs, v. GABRIELLI TRUCK SALES, LTD.; Gabrielli Truck Sales of Connecticut, L.L.C.; Gabrielli Truck Service, Inc.; Gabrielli Ford Truck Sales & Service Inc.; Armando Gabrielli; Amedeo Gabrielli; and/or any other Entities Affiliated with or Controlled by Gabrielli Truck Sales, Ltd.; Gabrielli Truck Sales of Connecticut, L.L.C.; Gabrielli Truck Service, Inc.; Gabrielli Ford Truck Sales & Service Inc.; Armando Gabrielli, and/or Amedeo Gabrielli, Defendants.

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

February 3, 2011.


Attorney(s) appearing for the Case

James Emmet Murphy, Esq. , Virginia & Ambinder LLP, New York, NY, for Plaintiffs.

Jeffrey W. Brecher, Esq. , Jackson Lewis LLP, Melville, NY, for Defendants.


MEMORANDUM OPINION AND ORDER

BOYLE, United States Magistrate Judge:

Before the Court is the parties' dispute concerning the contents of the Notice of Pendency to be sent to putative members in this collective action brought pursuant to Section 216 of the Fair Labor Standards Act ("FLSA"), 29 U.S.C. §§ 201 et seq. For the following reasons, both plaintiffs' and defendants' proposed Notices of Pendency are approved in part and rejected...

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