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McBETH v. GABRIELLI TRUCK SALES, LTD.

No. CV 09-4112.

768 F.Supp.2d 383 (2010)

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, LLC, Gabrielli Truck Service, Inc. and Gabrielli Ford Truck Sales and Service, Inc.; and/or any other entities affiliated with or controlled by Gabrielli Truck Sales, Ltd.; Gabrielli Truck Sales of Connecticut, LLC Gabrielli Truck Service, Inc. and Gabrielli Ford Truck Sales and Service, Inc.; Armando Gabrielli, and/or Amedeo Gabrielli, Plaintiffs, v. GABRIELLI TRUCK SALES, LTD.; Gabrielli Truck Sales of Connecticut, LLC, Gabrielli Truck Service, Inc. and Gabrielli Ford Truck Sales and Service, Inc.; and/or any other entities affiliated with or controlled by Gabrielli Truck Sales, Ltd.; Gabrielli Truck Sales of Connecticut, LLC Gabrielli Truck Service, Inc. and Gabrielli Ford Truck Sales and Service, Inc.; Armando Gabrielli, and/or Amedeo Gabrielli, Defendants.

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

November 1, 2010.

Attorney(s) appearing for the Case

James Emmet Murphy , Marc A. Tenenbaum , Virginia & Ambinder LLP, New York, NY, Jeffrey Kevin Brown , Leeds Morelli & Brown, P.C., Carle Place, NY, for Plaintiffs.

Noel P. Tripp , Paul J. Siegel , Wendy J. Mellk , Jeffrey W. Brecher , Jackson Lewis LLP, Melville, NY, Jamie Scott Felsen , Michael James Mauro , Milman Labuda Law Group, PLLC, Lake Success, NY, for Defendants.

MEMORANDUM AND ORDER

LEONARD D. WEXLER, District Judge.

BACKGROUND

I. The Parties, The Defendant Dealership and the Allegations of the Complaint

Plaintiffs McBeth and Cascone are former employees of Defendants. Although the complaint names as Defendants several related corporations along with two individuals, in the context of this motion the court refers to Defendants collectively as "Defendants" or "Gabrielli." Gabrielli...

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