BOJAJ v. MORO FOOD CORP.

No. 13 Civ. 9202.

ASTRID BOJAJ, et al., Plaintiffs, v. MORO FOOD CORP., et al., Defendants.

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

November 13, 2014.


Attorney(s) appearing for the Case

Astrid Bojaj, individually and on behalf of all other persons similarly situated who were employed by the Defendants, Plaintiff, represented by Michael Francis Ferrari , Robert V. Ferrari Attorney At Law & Robert Vincent Ferrari .

Francisco Puello, individually and on behalf of all other persons similarly situated who were employed by the Defendants, Plaintiff, represented by Michael Francis Ferrari , Robert V. Ferrari Attorney At Law & Robert Vincent Ferrari .

Vicente Gonzalez-Gonzalez, individually and on behalf of all other persons similarly situated who were employed by the Defendants, Plaintiff, represented by Michael Francis Ferrari , Robert V. Ferrari Attorney At Law & Robert Vincent Ferrari .

Rodrigo Palma Quintero, individually and on behalf of all other persons similarly situated who were employed by the Defendants, Plaintiff, represented by Michael Francis Ferrari , Robert V. Ferrari Attorney At Law & Robert Vincent Ferrari .

Ramon L. Puello, individually and on behalf of all other persons similarly situated who were employed by the Defendants, Plaintiff, represented by Michael Francis Ferrari , Robert V. Ferrari Attorney At Law & Robert Vincent Ferrari .

Franklin Rodriguez, individually and on behalf of all other persons similarly situated who were employed by the Defendants, Plaintiff, represented by Michael Francis Ferrari , Robert V. Ferrari Attorney At Law & Robert Vincent Ferrari .

Alejandro Gonzalez Jones, individually and on behalf of all other persons similarly situated who were employed by the Defendants, Plaintiff, represented by Michael Francis Ferrari , Robert V. Ferrari Attorney At Law & Robert Vincent Ferrari .

Ovidio Bonilla, individually and on behalf of all other persons similarly situated who were employed by the Defendants, Plaintiff, represented by Michael Francis Ferrari , Robert V. Ferrari Attorney At Law & Robert Vincent Ferrari .

Mario Brito, individually and on behalf of all other persons similarly situated who were employed by the Defendants, Plaintiff, represented by Michael Francis Ferrari , Robert V. Ferrari Attorney At Law & Robert Vincent Ferrari .

Jose Antonio Juarez-Juarez, individually and on behalf of all other persons similarly situated who were employed by the Defendants, Plaintiff, represented by Michael Francis Ferrari , Robert V. Ferrari Attorney At Law & Robert Vincent Ferrari .

Frank Rossi, individually and on behalf of all other persons similarly situated who were employed by the Defendants, Plaintiff, represented by Michael Francis Ferrari , Robert V. Ferrari Attorney At Law & Robert Vincent Ferrari .

Juan Carlos Juarez, individually and on behalf of all other persons similarly situated who were employed by the Defendants, Plaintiff, represented by Michael Francis Ferrari , Robert V. Ferrari Attorney At Law & Robert Vincent Ferrari .

Alejandro Gonzalez Jones, Plaintiff, represented by Robert Vincent Ferrari .

Juan Roa, Plaintiff, represented by Robert Vincent Ferrari .

Moro Food Corp., Defendant, represented by Michael Marc Rabinowitz , Rabinowitz and Galina, Esqs..

802 Restaurant Corp., Defendant, represented by Michael Marc Rabinowitz , Rabinowitz and Galina, Esqs..

Ajarl Restaurant Corp., Defendant, represented by Michael Marc Rabinowitz , Rabinowitz and Galina, Esqs..

Luigi's Trattoria Inc., Defendant, represented by Michael Marc Rabinowitz , Rabinowitz and Galina, Esqs..

Tutto Pizza Inc., Defendant, represented by Michael Marc Rabinowitz , Rabinowitz and Galina, Esqs..

Volo Restaurant Corp., Defendant, represented by Michael Marc Rabinowitz , Rabinowitz and Galina, Esqs..

Antonio Romano, Defendant, represented by Michael Marc Rabinowitz , Rabinowitz and Galina, Esqs..

Rosa Romano, Defendant, represented by Michael Marc Rabinowitz , Rabinowitz and Galina, Esqs..

Salvatore Romano, Defendant, represented by Michael Marc Rabinowitz , Rabinowitz and Galina, Esqs..

Julian Romano, Defendant, represented by Sol Kodsi , Sol Kodsi, Law Office.

Christopher Lomatta, Defendant, represented by Michael Marc Rabinowitz , Rabinowitz and Galina, Esqs..

Daniella Lomatta, Defendant, represented by Michael Marc Rabinowitz , Rabinowitz and Galina, Esqs..

Volo Restaurant Corp., Counter Claimant, represented by Michael Marc Rabinowitz , Rabinowitz and Galina, Esqs..

Luigi's Trattoria Inc., Counter Claimant, represented by Michael Marc Rabinowitz , Rabinowitz and Galina, Esqs..

Ajarl Restaurant Corp., Counter Claimant, represented by Michael Marc Rabinowitz , Rabinowitz and Galina, Esqs..

802 Restaurant Corp., Counter Claimant, represented by Michael Marc Rabinowitz , Rabinowitz and Galina, Esqs..

Moro Food Corp., Counter Claimant, represented by Michael Marc Rabinowitz , Rabinowitz and Galina, Esqs..

Tutto Pizza Inc., Counter Claimant, represented by Michael Marc Rabinowitz , Rabinowitz and Galina, Esqs..

Volo Restaurant Corp., Counter Defendant, represented by Michael Marc Rabinowitz , Rabinowitz and Galina, Esqs..

Luigi's Trattoria Inc., Counter Defendant, represented by Michael Marc Rabinowitz , Rabinowitz and Galina, Esqs..

Ajarl Restaurant Corp., Counter Defendant, represented by Michael Marc Rabinowitz , Rabinowitz and Galina, Esqs..

802 Restaurant Corp., Counter Defendant, represented by Michael Marc Rabinowitz , Rabinowitz and Galina, Esqs..

Moro Food Corp., Counter Defendant, represented by Michael Marc Rabinowitz , Rabinowitz and Galina, Esqs..

Tutto Pizza Inc., Counter Defendant, represented by Michael Marc Rabinowitz , Rabinowitz and Galina, Esqs..

Volo Restaurant Corp., Counter Claimant, represented by Michael Marc Rabinowitz , Rabinowitz and Galina, Esqs..

Christopher Lomatta, Counter Claimant, represented by Michael Marc Rabinowitz , Rabinowitz and Galina, Esqs..

Luigi's Trattoria Inc., Counter Claimant, represented by Michael Marc Rabinowitz , Rabinowitz and Galina, Esqs..

Ajarl Restaurant Corp., Counter Claimant, represented by Michael Marc Rabinowitz , Rabinowitz and Galina, Esqs..

Daniella Lomatta, Counter Claimant, represented by Michael Marc Rabinowitz , Rabinowitz and Galina, Esqs..

Moro Food Corp., Counter Claimant, represented by Michael Marc Rabinowitz , Rabinowitz and Galina, Esqs..

Tutto Pizza Inc., Counter Claimant, represented by Michael Marc Rabinowitz , Rabinowitz and Galina, Esqs..

Salvatore Romano, Counter Claimant, represented by Michael Marc Rabinowitz , Rabinowitz and Galina, Esqs..

Antonio Romano, Counter Claimant, represented by Michael Marc Rabinowitz , Rabinowitz and Galina, Esqs..

Rosa Romano, Counter Claimant, represented by Michael Marc Rabinowitz , Rabinowitz and Galina, Esqs..

802 Restaurant Corp., Counter Claimant, represented by Michael Marc Rabinowitz , Rabinowitz and Galina, Esqs..

Volo Restaurant Corp., Counter Defendant, represented by Michael Marc Rabinowitz , Rabinowitz and Galina, Esqs..

Christopher Lomatta, Counter Defendant, represented by Michael Marc Rabinowitz , Rabinowitz and Galina, Esqs..

Luigi's Trattoria Inc., Counter Defendant, represented by Michael Marc Rabinowitz , Rabinowitz and Galina, Esqs..

Ajarl Restaurant Corp., Counter Defendant, represented by Michael Marc Rabinowitz , Rabinowitz and Galina, Esqs..

Daniella Lomatta, Counter Defendant, represented by Michael Marc Rabinowitz , Rabinowitz and Galina, Esqs..

Moro Food Corp., Counter Defendant, represented by Michael Marc Rabinowitz , Rabinowitz and Galina, Esqs..

Tutto Pizza Inc., Counter Defendant, represented by Michael Marc Rabinowitz , Rabinowitz and Galina, Esqs..

Salvatore Romano, Counter Defendant, represented by Michael Marc Rabinowitz , Rabinowitz and Galina, Esqs..

Antonio Romano, Counter Defendant, represented by Michael Marc Rabinowitz , Rabinowitz and Galina, Esqs..

Rosa Romano, Counter Defendant, represented by Michael Marc Rabinowitz , Rabinowitz and Galina, Esqs..

802 Restaurant Corp., Counter Defendant, represented by Michael Marc Rabinowitz , Rabinowitz and Galina, Esqs..

Julian Romano, Counter Claimant, represented by Sol Kodsi , Sol Kodsi, Law Office.

Astrid Bojaj, individually and on behalf of all other persons similarly situated who were employed by the Defendants, Counter Defendant, represented by Michael Francis Ferrari , Robert V. Ferrari Attorney At Law & Robert Vincent Ferrari .

Ovidio Bonilla, individually and on behalf of all other persons similarly situated who were employed by the Defendants, Counter Defendant, represented by Michael Francis Ferrari , Robert V. Ferrari Attorney At Law & Robert Vincent Ferrari .

Mario Brito, individually and on behalf of all other persons similarly situated who were employed by the Defendants, Counter Defendant, represented by Michael Francis Ferrari , Robert V. Ferrari Attorney At Law & Robert Vincent Ferrari .

Alejandro Gonzalez Jones, individually and on behalf of all other persons similarly situated who were employed by the Defendants, Counter Defendant, represented by Michael Francis Ferrari , Robert V. Ferrari Attorney At Law & Robert Vincent Ferrari .

Vicente Gonzalez-Gonzalez, individually and on behalf of all other persons similarly situated who were employed by the Defendants, Counter Defendant, represented by Michael Francis Ferrari , Robert V. Ferrari Attorney At Law & Robert Vincent Ferrari .

Alejandro Gonzalez Jones, Counter Defendant, represented by Robert Vincent Ferrari .

Juan Carlos Juarez, individually and on behalf of all other persons similarly situated who were employed by the Defendants, Counter Defendant, represented by Michael Francis Ferrari , Robert V. Ferrari Attorney At Law & Robert Vincent Ferrari .

Jose Antonio Juarez-Juarez, individually and on behalf of all other persons similarly situated who were employed by the Defendants, Counter Defendant, represented by Michael Francis Ferrari , Robert V. Ferrari Attorney At Law & Robert Vincent Ferrari .

Francisco Puello, individually and on behalf of all other persons similarly situated who were employed by the Defendants, Counter Defendant, represented by Michael Francis Ferrari , Robert V. Ferrari Attorney At Law & Robert Vincent Ferrari .

Ramon L. Puello, individually and on behalf of all other persons similarly situated who were employed by the Defendants, Counter Defendant, represented by Michael Francis Ferrari , Robert V. Ferrari Attorney At Law & Robert Vincent Ferrari .

Rodrigo Palma Quintero, individually and on behalf of all other persons similarly situated who were employed by the Defendants, Counter Defendant, represented by Michael Francis Ferrari , Robert V. Ferrari Attorney At Law & Robert Vincent Ferrari .

Juan Roa, Counter Defendant, represented by Robert Vincent Ferrari .

Franklin Rodriguez, individually and on behalf of all other persons similarly situated who were employed by the Defendants, Counter Defendant, represented by Michael Francis Ferrari , Robert V. Ferrari Attorney At Law & Robert Vincent Ferrari .

Frank Rossi, individually and on behalf of all other persons similarly situated who were employed by the Defendants, Counter Defendant, represented by Michael Francis Ferrari , Robert V. Ferrari Attorney At Law & Robert Vincent Ferrari .


OPINION

THOMAS P. GRIESA, District Judge.

Plaintiffs, former employees of several restaurants, bring a civil complaint on behalf of themselves and others similarly situated. Plaintiffs allege that restaurants and their operators withheld overtime pay, minimum wages, and tips.

Three defendants — Mamma Ristorante Corp. ("Mamma"), The Five Amigos Inc. ("Five Amigos"), and Ramon Mario Zarate — move to dismiss the claims under Federal Rule...

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