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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.

2022-11-01

Order Denying Defendant's Motion Dismiss.

Zara
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Zara

2022-08-02

Order Denying Defendant's Motion Dismiss.

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

2022-04-25

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.

2022-03-31

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

Walmart
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Walmart

2022-03-24

Defendant’s Motion to Dismiss Denied.

Petco
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Petco

2021-12-22

Defendant’s Motion for Interlocutory Appeal Denied.

Petco
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Petco

2021-09-27

Defendant's Motion to Dismiss Denied.

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

2021-08-27

Defendant's Motion to Dismiss Denied.

Zara USA, INC.
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Zara USA, INC.

2021-05-03

Order Granting Plaintiffs' Motion for Conditional Class Certification.

Wells Fargo
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Wells Fargo

2021-03-15

Order Granting Plaintiffs' Motion for Conditional Class Certification.

Friendly’s
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Friendly’s

2020-09-28

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

MBI Energy Services
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MBI Energy Services

2020-09-22

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

Brooklyn Born Chocolate
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Brooklyn Born Chocolate

2020-05-06

Order Granting Plaintiffs' Motion for Conditional Class Certification.

MBI Energy Services
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MBI Energy Services

2020-02-25

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

Berry Bros
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Berry Bros

2019-09-23

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

Raymour Flanigan
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Raymour Flanigan

2019-09-12

Final Approval of Class Action Settlement.

American Eagle
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American Eagle

2019-04-30

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

NYSC
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NYSC

2019-03-21

Defendant's Motion to Dismiss Denied.

Berry Bros
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Berry Bros

2019-01-17

Defendant's Motion to Dismiss Denied.

Incinia Contracting
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Incinia Contracting

2018-06-22

Order Approving Collective Settlement.

Rosa Mexicano
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Rosa Mexicano

2018-04-13

Granting Final Approval of Class Action Settlement.

TGI Fridays
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TGI Fridays

2018-04-09

Granting Final Approval of Class Action Settlement.

Raymour Flanigan
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Raymour Flanigan

2017-11-28

Denial of Defendants' Motion to Compel Arbitration.

Bar Louie
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Bar Louie

2017-11-15

Court Grants Plaintiffs’ Motion for a Nationwide Collective Action.

Rosa Mexicano
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Rosa Mexicano

2017-11-15

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

TGI Fridays
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TGI Fridays

2017-10-26

Granting Preliminary Approval of Class Action Settlement.

American Eagle
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American Eagle

2017-09-11

Granting Final Approval of Class Action Settlement.

Bar Louie
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Bar Louie

2017-08-08

Court Denies Defendants’ Motion to Dismiss.

Star Nissan
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Star Nissan

2017-04-12

Order Granting Plaintiffs' Motion for Conditional Class Certification.

Mexican Radio Corp
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Mexican Radio Corp

2017-03-30

Denial of Defendants' Motion to Dismiss.

American Eagle
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American Eagle

2017-01-24

Granting Preliminary Approval of Class Action Settlement.

Marina Ice Cream
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Marina Ice Cream

2016-12-08

Granting Preliminary Approval of Class Action Settlement.

Koi Restaurant
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Koi Restaurant

2016-10-07

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

Sushi Samba
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Sushi Samba

2016-06-30

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

Koi Restaurant
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Koi Restaurant

2016-05-31

Granting Preliminary Approval of Class Action Settlement.

Capital Grille
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Capital Grille

2016-05-20

Granting Preliminary Approval of Class Action Settlement.

Major World
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Major World

2016-04-27

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

Sushi Samba
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Sushi Samba

2016-03-14

Granting Preliminary Approval of Class Action Settlement.

Leros Point to Point
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Leros Point to Point

2016-02-26

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

Petco Groomers
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Petco Groomers

2016-01-19

Order granting Plaintiffs' motion for conditional class certification.

Major World
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Major World

2015-12-22

Granting Preliminary Approval of Class Action Settlement.

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

2015-12-21

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

TGI Fridays
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TGI Fridays

2015-11-03

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

Exploration Drilling
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Exploration Drilling

2015-10-15

Order granting Plaintiffs' motion for conditional class certification.

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

2015-10-06

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

Bravo v. Palm West
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Bravo v. Palm West

2015-09-30

Granting Preliminary Approval of Class Action Settlement.

Long v. HSBC
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Long v. HSBC

2015-09-11

Granting Preliminary Approval of Class Action Settlement.

Leros Point to Point
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Leros Point to Point

2015-09-02

Granting Preliminary Approval of Class Action Settlement.

M&T Bank
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M&T Bank

2015-08-19

Order granting Plaintiffs' motion for conditional class certification.

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

2015-07-30

Order granting Plaintiffs' motion for conditional class certification.

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

2015-06-23

Granting Preliminary Approval of Class Action Settlement.

Fernandez v. Legends Hospitality
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Fernandez v. Legends Hospitality

2015-06-20

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

Hamadou v. Hess
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Hamadou v. Hess

2015-06-18

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

Carpenter v. Paige Hospitality
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Carpenter v. Paige Hospitality

2015-06-02

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

2015-04-28

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.

2015-03-27

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

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

2015-03-27

Court Orders Chipotle to Turn Over Privileged Documents.

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

2015-03-05

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

TGI Fridays
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TGI Fridays

2015-01-20

Plaintiffs' Motion for Nation-Wide Conditional Certification Granted.

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

2014-12-18

Chipotle Loses Motion For Protective Order.

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

2014-10-15

Granting Preliminary Approval of Class Action Settlement.

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

2014-10-06

Granting Preliminary Approval of Class Action Settlement.

Royal Healthcare
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Royal Healthcare

2014-07-31

Final Approval of Seven Figure Class Action Settlement.

Gonyer v. Vane line
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Gonyer v. Vane line

2014-07-28

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

2014-07-18

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

2014-07-02

Granting Plaintiffs' motion to amend the complaint.

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

2014-07-02

Order granting Plaintiffs' motion for conditional class certification.

Flores v. One Hanover
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Flores v. One Hanover

2014-06-09

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

2014-06-09

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

Major World
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Major World

2014-04-16

Order granting Plaintiffs' motion for partial summary judgment.

Fernandez v. Legends Hospitality
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Fernandez v. Legends Hospitality

2014-04-01

Decision Granting Appeal in Favor of Yankee Stadium Workers.

Mama Mexico
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Mama Mexico

2014-03-21

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

2014-02-18

Granting Preliminary Approval of Class Action Settlement.

Simsek v. Fidelis Care
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Simsek v. Fidelis Care

2014-02-14

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

2013-10-25

Denial of Chipotle's motion to appeal conditional certification.

Yuzary v. HSBC
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Yuzary v. HSBC

2013-10-02

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

Capital Grille
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Capital Grille

2013-09-20

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

Public House
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Public House

2013-09-10

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

2013-09-03

Granting Preliminary Approval of Class Action Settlement.

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

2013-08-16

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

Astoria Brewhouse
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Astoria Brewhouse

2013-08-06

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

2013-07-25

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

2013-07-17

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

Public House
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Public House

2013-05-22

Granting Preliminary Approval of Class Action Settlement.

Yuzary v. HSBC
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Yuzary v. HSBC

2013-04-30

Granting Preliminary Approval of Class Action Settlement.

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

2013-04-30

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

Ryan v. Centerplate
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Ryan v. Centerplate

2013-03-07

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

2012-12-06

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

2012-12-04

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

2012-10-05

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

2012-07-06

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.

2012-06-28

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.

2012-03-12

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

2012-03-06

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.

2012-02-21

Order awarding Attorneys’ fees and all costs.

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

2012-02-15

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

2011-12-13

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

2011-09-13

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.

2011-07-20

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.

2009-09-18

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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