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Demirovic v. Ortega

Restraining Order Barring Assets' Dissipation Issued After Bifurcated FLSA Trial

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MEMORANDUM AND ORDER

*1 This action was commenced on January 21, 2015, by plaintiffs Kujtim Demirovic, Richard Reinoso, Murto Avdalovic, and Senad Perovic (collectively, “plaintiffs”) against Franklin Ortega, Rocio Uchofen, and P.O. Italianissimo Ristorante Inc. (the “Restaurant” or “Italianissimo”) (collectively, “defendants”), pursuant to the Fair Labor Standards Act (“FLSA”), 29 U.S.C. §201 et seq., and New York Labor Law (“NYLL”) §650 et seq. They sought to recover unpaid overtime and minimum wages, along with applicable liquidated damages, under both the FLSA and NYLL, as well as damages for defendants’ unlawful withholding of gratuities, failure to provide wage notices, and retaliation.1 On September 21, 2015, the parties consented to have the case re-assigned to the undersigned for all purposes.The Court bifurcated the trial of this matter so that wage and hour claims under the FLSA and NYLL were presented in the first trial, while retaliation claims under those same statutes were presented in a second trial. The first trial began on October 23, 2017 and continued until

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