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  5. 849 F.Supp.2d 372 (2012)
 

BERRIOS v. NICHOLAS ZITO RACING STABLE, INC.

No. CV 04-22 (AKT).

849 F.Supp.2d 372 (2012)

David BERRIOS and Ignacio Chavez, on behalf of themselves, and others similarly situated, Plaintiffs, v. NICHOLAS ZITO RACING STABLE, INC. and Nicholas Zito, in his individual capacity, Defendants.

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

March 28, 2012.

Attorney(s) appearing for the Case

Charles R. Virginia , Lloyd Robert Ambinder , James Emmet Murphy , Suzanne B. Leeds , Virginia & Ambinder LLP, New York, NY, Delvis Melendez , Brentwood, NY, for Plaintiffs.

Leo F. McGinity , McGinity & McGinity, P.C., Garden City, NY, for Defendants.

MEMORANDUM AND ORDER

A. KATHLEEN TOMLINSON, United States Magistrate Judge:

I. PRELIMINARY STATEMENT

David Berrios ("Berrios") and Ignacio Chavez ("Chavez") bring this action on behalf of themselves, and others similarly situated (collectively, the "Plaintiffs"), against Nicholas Zito Racing Stable, Inc. ("Zito Racing") and its principal, Nicholas Zito ("Zito") (collectively...

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