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Settecasi v. Gotham Hall LLC

Court Certifies Class of Tipped Workers Who Claim Wage, Overtime Violations

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The following e-filed documents, listed by NYSCEF document number (Motion 001) 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81 were read on this motion to/for ORDER MAINTAIN CLASS ACTION. DECISION + ORDER ON MOTION Plaintiffs Vincent Settecasi (Settecasi), Pamela Graham (Graham) and Coree Spencer (Spencer) (collectively, plaintiffs) bring this putative class action to recover damages for alleged wage and overtime violations under Labor Law articles 6 and 9. Plaintiffs move, pursuant to CPLR article 9, for class certification and for an order appointing Leeds Brown Law, P.C. as class counsel, approving a proposed Notice of Wage & Hour Class Action Lawsuit and approving a proposed publication order. Defendants Gotham Hall, LLC (Gotham LLC), Gotham Hall Operating Entity, LLC (Gotham Operating) (together, Gotham), Core Ziegfeld, LLC d/b/a Ziegfeld Ballroom (Ziegfeld), Simon Auerbacher (Auerbacher) and Bruce A. Kurtz (Kurtz) (collectively, defendants) oppose the motion and cross-move, pursuant to CPLR 3212, for partial summary judgment dismissing the first cause of action alleging they unlawfully withheld gratuities under Labor Law §196-d and the Department of Labor’s Hospitality Wage Order (12 NYCRR) §§146-2.18 and 146-2.19. BACKGROUND Gotham and Ziegfeld operate two event spaces in Manhattan known as Gotham Hall and Ziegfeld Ballroom (together, the Venues) (NYSCEF Doc No. 58, Ilan Weiser [Weiser] affirmation, Ex D,

3 and 27). Auerbacher is a partner and Kurtz is a director in Gotham LLC and Ziegfeld (id,

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