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BATTINO v. CORNELIA FIFTH AVE., LLC

No. 09 Civ. 4113(JPO)(MHD).

861 F.Supp.2d 392 (2012)

Sarah Ann BATTINO, et al., individually and on behalf of all others similarly situated and as class representatives, Plaintiffs, v. CORNELIA FIFTH AVENUE, LLC; Spa Chakra Fifth Avenue, LLC; Cornelia Essentials, LLC, Cornelia Zicu International 401(K) Plan; Richard Aidekman; Ellen Sackoff; and Michael Canizales, Defendants.

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

May 24, 2012.

Attorney(s) appearing for the Case

Salvatore G. Gangemi , Gangemi Law Firm, P.C., Jonathan Adam Bernstein , Levy Davis & Maher, LLP, New York, NY, for Plaintiffs.

Richard Knight Muser , Diane Marie Pietraszewski , Clifton Budd & Demaria, LLP, Peter T. Shapiro , Lewis Brisbois Bisgaard & Smith LLP, New York, NY, for Defendants.

OPINION AND ORDER

J. PAUL OETKEN, District Judge:

This is a collective action for unpaid wages under the Fair Labor Standards Act, 29 U.S.C. §§ 201, et seq. ("FLSA") and a class action for violations of the Employee Retirement Income Security Act of 1974, 29 U.S.C. §§ 1001, et seq. ("ERISA"), and New York state labor laws.

Presently before the Court is a motion by one of the defendants, Michael Canizales,...

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