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TEOBA v. TRUGREEN LANDCARE LLC

No. 10-CV-6132 CJS (JWF).

OTONIEL SOSA TEOBA, individually and on behalf of others similarly situated, Plaintiff v. TRUGREEN LANDCARE LLC, et al., Defendants

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

April 10, 2013.

Attorney(s) appearing for the Case

Dan Getman, Esq. Getman & Sweeney, PLLC, New Paltz, New York.

Edward Tuddenham, Esq. Washington, D.C. for Plaintiff.

Brett C. Bartlett, Esq. , Seyfarth Shaw LLP, Atlanta, Georgia.

Douglas B. Lipsky, Esq. , Seyfarth Shaw LLP, New York, New York, for Defendants.

DECISION AND ORDER

CHARLES J. SIRAGUSA, District Judge.

INTRODUCTION

In this action Plaintiff is asserting claims for, inter alia, unpaid wages pursuant to the Federal Fair Labor Standards Act ("FLSA"), 29 U.S.C. § 201 et seq., and the minimum wage laws of the States of New York and New Hampshire. Now before the Court is Defendant TruGreen's motion (Docket No. [#80]) to dismiss the fourth cause of action in the Second Amended...

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