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EMPLOYMENT LITIGATION

Decisions of Interest

Fitapelli & Schaffer are recognized leaders in employment law. Our litigated cases have produced consistent results and groundbreaking decisions. Below is a sampling of some recent and notable decisions of interest.  Note that this website is not affiliated or endorsed by any of the companies below, but rather provides information regarding court cases involving those companies.

Endeavor Air Inc.
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Endeavor Air Inc.

Nov 1, 2022

Order Denying Defendant's Motion Dismiss.

Zara
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Zara

Aug 2, 2022

Order Denying Defendant's Motion Dismiss.

Banta Management Services, Inc.
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Banta Management Services, Inc.

Apr 25, 2022

Order Granting Plaintiff's Motion for Conditional Certification of the FLSA Collective Action and Approval of Proposed Notices.

Corporate Express, Inc.
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Corporate Express, Inc.

Mar 31, 2022

Order Granting Plaintiff's motion to dismiss Defendants’ faithless servant and unjust enrichment counterclaim.

Walmart
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Walmart

Mar 24, 2022

Defendant’s Motion to Dismiss Denied.

Petco
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Petco

Dec 22, 2021

Defendant’s Motion for Interlocutory Appeal Denied.

Petco
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Petco

Sep 27, 2021

Defendant's Motion to Dismiss Denied.

Lowe’s Home Centers LLC
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Lowe’s Home Centers LLC

Aug 27, 2021

Defendant's Motion to Dismiss Denied.

Zara USA, INC.
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Zara USA, INC.

May 3, 2021

Order Granting Plaintiffs' Motion for Conditional Class Certification.

Wells Fargo
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Wells Fargo

Mar 15, 2021

Order Granting Plaintiffs' Motion for Conditional Class Certification.

Friendly’s
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Friendly’s

Sep 28, 2020

Judge Grants Final approval of $750K Class Action Settlement.

MBI Energy Services
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MBI Energy Services

Sep 22, 2020

District Judge Approves Order Granting Plaintiffs' Motion for Conditional Class Certification.

Brooklyn Born Chocolate
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Brooklyn Born Chocolate

May 6, 2020

Order Granting Plaintiffs' Motion for Conditional Class Certification.

MBI Energy Services
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MBI Energy Services

Feb 25, 2020

Order Granting Plaintiffs' Expedited Motion for Conditional Certification and Notice.

Berry Bros
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Berry Bros

Sep 23, 2019

Order Granting Plaintiffs' Motion for Nationwide Conditional Class Certification and Notice.

Raymour Flanigan
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Raymour Flanigan

Sep 12, 2019

Final Approval of Class Action Settlement.

American Eagle
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American Eagle

Apr 30, 2019

Second Circuit's Decision Affirming Approval of Settlement by District Court.

NYSC
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NYSC

Mar 21, 2019

Defendant's Motion to Dismiss Denied.

Berry Bros
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Berry Bros

Jan 17, 2019

Defendant's Motion to Dismiss Denied.

Incinia Contracting
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Incinia Contracting

Jun 22, 2018

Order Approving Collective Settlement.

Rosa Mexicano
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Rosa Mexicano

Apr 13, 2018

Granting Final Approval of Class Action Settlement.

TGI Fridays
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TGI Fridays

Apr 9, 2018

Granting Final Approval of Class Action Settlement.

Raymour Flanigan
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Raymour Flanigan

Nov 28, 2017

Denial of Defendants' Motion to Compel Arbitration.

Bar Louie
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Bar Louie

Nov 15, 2017

Court Grants Plaintiffs’ Motion for a Nationwide Collective Action.

Rosa Mexicano
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Rosa Mexicano

Nov 15, 2017

Granting Approval of Notice to Class Regarding Proposed Class and Collective Action Settlement.

TGI Fridays
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TGI Fridays

Oct 26, 2017

Granting Preliminary Approval of Class Action Settlement.

American Eagle
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American Eagle

Sep 11, 2017

Granting Final Approval of Class Action Settlement.

Bar Louie
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Bar Louie

Aug 8, 2017

Court Denies Defendants’ Motion to Dismiss.

Star Nissan
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Star Nissan

Apr 12, 2017

Order Granting Plaintiffs' Motion for Conditional Class Certification.

Mexican Radio Corp
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Mexican Radio Corp

Mar 30, 2017

Denial of Defendants' Motion to Dismiss.

American Eagle
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American Eagle

Jan 24, 2017

Granting Preliminary Approval of Class Action Settlement.

Marina Ice Cream
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Marina Ice Cream

Dec 8, 2016

Granting Preliminary Approval of Class Action Settlement.

Koi Restaurant
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Koi Restaurant

Oct 7, 2016

Final Judgment and order granting final approval of class action settlement.

Sushi Samba
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Sushi Samba

Jun 30, 2016

Final Judgment and order granting final approval of class action settlement.

Koi Restaurant
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Koi Restaurant

May 31, 2016

Granting Preliminary Approval of Class Action Settlement.

Capital Grille
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Capital Grille

May 20, 2016

Granting Preliminary Approval of Class Action Settlement.

Major World
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Major World

Apr 27, 2016

Final Judgment and order granting final approval of class action settlement.

Sushi Samba
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Sushi Samba

Mar 14, 2016

Granting Preliminary Approval of Class Action Settlement.

Leros Point to Point
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Leros Point to Point

Feb 26, 2016

Final Judgment and order granting final approval of class action settlement.

Petco Groomers
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Petco Groomers

Jan 19, 2016

Order granting Plaintiffs' motion for conditional class certification.

Major World
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Major World

Dec 22, 2015

Granting Preliminary Approval of Class Action Settlement.

Bells Nurses Registry & Employment Agency, Inc.
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Bells Nurses Registry & Employment Agency, Inc.

Dec 21, 2015

Final Judgment and order granting final approval of class action settlement.

TGI Fridays
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TGI Fridays

Nov 3, 2015

Judge Grants Motion to Extend the Notice Period for FLSA Opt-ins to Join the Case.

Exploration Drilling
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Exploration Drilling

Oct 15, 2015

Order granting Plaintiffs' motion for conditional class certification.

Lopez v. The Dinex Group, LLC
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Lopez v. The Dinex Group, LLC

Oct 6, 2015

Final Judgment and order granting final approval of class action settlement.

Bravo v. Palm West
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Bravo v. Palm West

Sep 30, 2015

Granting Preliminary Approval of Class Action Settlement.

Long v. HSBC
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Long v. HSBC

Sep 11, 2015

Granting Preliminary Approval of Class Action Settlement.

Leros Point to Point
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Leros Point to Point

Sep 2, 2015

Granting Preliminary Approval of Class Action Settlement.

M&T Bank
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M&T Bank

Aug 19, 2015

Order granting Plaintiffs' motion for conditional class certification.

CHEETAHS GENTLEMEN'S CLUB & RESTAURANT
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CHEETAHS GENTLEMEN'S CLUB & RESTAURANT

Jul 30, 2015

Order granting Plaintiffs' motion for conditional class certification.

Lopez v. The Dinex Group, LLC
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Lopez v. The Dinex Group, LLC

Jun 23, 2015

Granting Preliminary Approval of Class Action Settlement.

Fernandez v. Legends Hospitality
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Fernandez v. Legends Hospitality

Jun 20, 2015

Final Judgment and order granting final approval of class action settlement.

Hamadou v. Hess
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Hamadou v. Hess

Jun 18, 2015

Final Judgment and order granting final approval of class action settlement.

Carpenter v. Paige Hospitality
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Carpenter v. Paige Hospitality

Jun 2, 2015

Final Judgment and order granting final approval of class action settlement.

Flynn v. New York Dolls
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Flynn v. New York Dolls

Apr 28, 2015

Final Judgment and order granting final approval of class action settlement.

Flood v. Carlson Restaurants Inc.
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Flood v. Carlson Restaurants Inc.

Mar 27, 2015

Court Denies TGI Fridays' Motion to Dismiss and Change Venue.

Scott v. Chipotle Mexican Grill
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Scott v. Chipotle Mexican Grill

Mar 27, 2015

Court Orders Chipotle to Turn Over Privileged Documents.

Monzon v. 103 W77 Partners
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Monzon v. 103 W77 Partners

Mar 5, 2015

Final Judgment and order granting final approval of class action settlement.

TGI Fridays
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TGI Fridays

Jan 20, 2015

Plaintiffs' Motion for Nation-Wide Conditional Certification Granted.

Scott v. Chipotle Mexican Grill
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Scott v. Chipotle Mexican Grill

Dec 18, 2014

Chipotle Loses Motion For Protective Order.

Monzon v. 103 W77 Partners
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Monzon v. 103 W77 Partners

Oct 15, 2014

Granting Preliminary Approval of Class Action Settlement.

Flynn v. New York Dolls
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Flynn v. New York Dolls

Oct 6, 2014

Granting Preliminary Approval of Class Action Settlement.

Royal Healthcare
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Royal Healthcare

Jul 31, 2014

Final Approval of Seven Figure Class Action Settlement.

Gonyer v. Vane line
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Gonyer v. Vane line

Jul 28, 2014

Granting Plaintiffs' Motion to Amend the Complaint and Ruling that the Accepted Rule 68 does not moot the case.

Trimmer v. Barnes & Noble
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Trimmer v. Barnes & Noble

Jul 18, 2014

Denying Defendants’ Motion for Summary Judgment as to Willfulness, Executive Exemption and Administrative Exemption for Salaried Assistant Managers.

Scott v. Chipotle Mexican Grill
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Scott v. Chipotle Mexican Grill

Jul 2, 2014

Granting Plaintiffs' motion to amend the complaint.

Juarez v. 449 Restaurant Inc.
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Juarez v. 449 Restaurant Inc.

Jul 2, 2014

Order granting Plaintiffs' motion for conditional class certification.

Flores v. One Hanover
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Flores v. One Hanover

Jun 9, 2014

Final Judgment and order granting final approval of class action settlement.

Scott v. Chipotle Mexican Grill
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Scott v. Chipotle Mexican Grill

Jun 9, 2014

Order Granting Plaintiffs' Motion to Limit Scope of Discovery in a Class Action.

Major World
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Major World

Apr 16, 2014

Order granting Plaintiffs' motion for partial summary judgment.

Fernandez v. Legends Hospitality
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Fernandez v. Legends Hospitality

Apr 1, 2014

Decision Granting Appeal in Favor of Yankee Stadium Workers.

Mama Mexico
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Mama Mexico

Mar 21, 2014

Decision Granting Default Judgment of over $9 Million in Unpaid Wages and Overtime.

Flores v. One Hanover
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Flores v. One Hanover

Feb 18, 2014

Granting Preliminary Approval of Class Action Settlement.

Simsek v. Fidelis Care
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Simsek v. Fidelis Care

Feb 14, 2014

Final Judgment and order granting final approval of class action settlement.

Scott v. Chipotle Mexican Grill
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Scott v. Chipotle Mexican Grill

Oct 25, 2013

Denial of Chipotle's motion to appeal conditional certification.

Yuzary v. HSBC
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Yuzary v. HSBC

Oct 2, 2013

Final judgment and order granting final approval of a seven-figure class action settlement.

Capital Grille
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Capital Grille

Sep 20, 2013

Granting Motion for Conditional Certification under the FLSA for all locations Nation-Wide since November 2008.

Public House
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Public House

Sep 10, 2013

Final judgment and order granting final approval of a seven-figure class action settlement.

Sukhnandan v. Royal Health Care
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Sukhnandan v. Royal Health Care

Sep 3, 2013

Granting Preliminary Approval of Class Action Settlement.

Salomon v. Adderley Industries, Inc
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Salomon v. Adderley Industries, Inc

Aug 16, 2013

Granting Plaintiffs' motion to amend the complaint to add a parent company and individual Defendants.

Astoria Brewhouse
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Astoria Brewhouse

Aug 6, 2013

Denying Defendants' motion to dismiss based on the recent Supreme Court Case, Genesis Healthcare.

Pollock v. Legends Hospitality and New York Yankees
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Pollock v. Legends Hospitality and New York Yankees

Jul 25, 2013

Granting Plaintiffs’ Motion for Collective Action Certification pursuant to the Fair Labor Standards Act.

Bonilla v. A-1 Moving and Sher-Del
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Bonilla v. A-1 Moving and Sher-Del

Jul 17, 2013

Granting Plaintiff’ Motion to Dismiss Counterclaims and Denying Defendants’ Motion to Dismiss.

Public House
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Public House

May 22, 2013

Granting Preliminary Approval of Class Action Settlement.

Yuzary v. HSBC
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Yuzary v. HSBC

Apr 30, 2013

Granting Preliminary Approval of Class Action Settlement.

Ritz v. Mike Rory Corp
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Ritz v. Mike Rory Corp

Apr 30, 2013

Granting Plaintiffs’ Motion for Collective Action Certification pursuant to the Fair Labor Standards Act.

Ryan v. Centerplate
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Ryan v. Centerplate

Mar 7, 2013

Final Approval of Class Action Settlement of $750,000 covering servers and runners at Old Yankee Stadium.

Ryan v. Centerplate / Volume Services
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Ryan v. Centerplate / Volume Services

Dec 6, 2012

Preliminary approval of class action settlement on behalf of workers at Old Yankee Stadium.

Tiro v. Public House
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Tiro v. Public House

Dec 4, 2012

Decision granting class certification and appointing Fitapelli & Schaffer as Class Counsel.

Girault v. Supersol 661 Amsterdam, LLC. Part 2
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Girault v. Supersol 661 Amsterdam, LLC. Part 2

Oct 5, 2012

Final Judgment and order granting final approval of class action settlement.

Lovaglio v. W & E Hospitality Inc. Part 2
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Lovaglio v. W & E Hospitality Inc. Part 2

Jul 6, 2012

Final judgment and order granting final approval of a seven-figure class action settlement.

Girault v. Supersol 661 Amsterdam, LLC.
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Girault v. Supersol 661 Amsterdam, LLC.

Jun 28, 2012

Order granting Plaintiffs’ motion for order conditionally certifying settlement class and preliminarily approving class action settlement.

Lovaglio v. W & E Hospitality Inc.
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Lovaglio v. W & E Hospitality Inc.

Mar 12, 2012

Proposed order granting Plaintiffs’ motion for preliminary approval of settlement, conditional certification of the settlement class, appointment of Fitapelli & Schaffer, LLP as class counsel, and approval of the proposed notice of settlement and class action procedure.

Salomon v. Adderley Industries, Inc
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Salomon v. Adderley Industries, Inc

Mar 6, 2012

Order granting Plaintiff’s motion for conditional certification of the collective action, to compel Defendant to provide information regarding similarly situated employees for the six-year period prior to the lawsuit, and for court-authorized notice under § 216(b) of the FLSA.

Anthony v. Franklin First Financial, Ltd.
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Anthony v. Franklin First Financial, Ltd.

Feb 21, 2012

Order awarding Attorneys’ fees and all costs.

Benavidez v. Plaza Mexico Inc.
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Benavidez v. Plaza Mexico Inc.

Feb 15, 2012

Order granting Plaintiffs’ motion for partial summary judgment.

Matheson v. T-Bone Restaurant, LLC Part 2
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Matheson v. T-Bone Restaurant, LLC Part 2

Dec 13, 2011

Order granting Plaintiffs’ motion for certification of settlement class, final approval of a six-figure class action settlement, and approval of FLSA settlements, granting Plaintiffs’ motion for approval of attorneys’ fees and reimbursement of expenses, and granting Plaintiffs’ motion for class representative service awards.

Matheson v. T-Bone Restaurant, LLC Part 1
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Matheson v. T-Bone Restaurant, LLC Part 1

Sep 13, 2011

Order granting Plaintiffs’ motion for preliminary approval of settlement, conditional certification of the settlement class, appointment of Outten & Golden LLP and Fitapelli & Schaffer, LLP as class counsel, and approval of the proposed notice of settlement and class action procedure.

Karic v. Major Automotive Companies, Inc.
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Karic v. Major Automotive Companies, Inc.

Jul 20, 2011

Order granting Plaintiffs’ motion for conditional class certification.

O'Dell v. AMF Bowling Centers, Inc.
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O'Dell v. AMF Bowling Centers, Inc.

Sep 18, 2009

Order granting Plaintiffs’ motion for preliminary approval of settlement, conditional certification of the settlement class, appointment of Outten & Golden LLP and Fitapelli & Schaffer, LLP as class counsel, and approval of Plaintiffs’ proposed notice of settlement and class action procedure.

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