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Dombroff & Gilmore
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Order | Filed: May 13, 2024 | Entered: May 13, 2024 Molinari v. Costco Capital Corp. et al
Labor: Other | New York Eastern
Order on Motion for Pre Motion Conference
ORDER: The Court grants Plaintiff's request for leave to file an amended complaint, see ECF No. 18 , that attempts to address the issues raised in Defendants' pre-motion letter regarding Defendants' proposed motion to dismiss, see ECF No. 16 . The Court therefore denies Defendants' request for a pre-motion conference. The Court notes that Defendants' pre-motion letter raises questions about the allegations contained in Plaintiff's complaint, including whether certain named Defendants do not exist as corporate entities or were dissolved many years ago.
Plaintiff shall file an amended complaint on or before May 27, 2024. The Court warns Plaintiff that if he fails to avail himself of this opportunity to amend his complaint and the Court eventually determines that dismissal of his claims is appropriate, the Court is unlikely to give Plaintiff an additional opportunity to amend his complaint to address any identified deficiencies. See, e.g., Crianza v. Holbrook Plastic Pipe Supply, Inc., No. 22-cv-7685, 2024 WL 216696, at *4-5 (E.D.N.Y. Jan. 19, 2024). Ordered by Judge Hector Gonzalez on 5/13/2024. (ICP) -
Misc | Filed: May 02, 2024 | Entered: May 02, 2024 Molinari v. Costco Capital Corp. et al
Labor: Other | New York Eastern
Letter
Letter Response to Defendant's Request for a Pre-Motion Conference and Request for leave to file an Amended Complaint by Anthony Molinari (Attachments: # 1 Exhibit Plaintiff opted out of the class action settlement in an unrelated case which had nothing to do with Costco saving $2 per hour per employee by constructively dismissing and replacing employees who received loyalty raises during the pandemic. The class action which plaintiff opted out of involved Costco failing to pay employees within seven days of the end of the week in which that pay was earned, in violation of New York Labor Law Section 191(1)(a)(i).) (Kerwick, Colleen)
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Order | Filed: April 28, 2024 | Entered: April 28, 2024 Molinari v. Costco Capital Corp. et al
Labor: Other | New York Eastern
Status Report Order
ORDER: Defendants have filed a letter requesting a pre-motion conference to discuss a proposed motion to dismiss Plaintiff's complaint. See ECF No. 17 . Plaintiff shall file a responsive letter that complies with Section IV.A of the Court's Individual Practices on or before May 3, 2024, which shall address whether Plaintiff believes the complaint can be amended to address the issues raised in Defendant's letter. Ordered by Judge Hector Gonzalez on 4/28/2024. (ICP)
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