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Aguilar v. Uncommon Grounds Enters., Inc.

Court Holds that Plaintiff Cannot Seek Relief Individually and as Part of a Class Action

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The following e-filed documents, listed by NYSCEF document number (Motion 002) 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 69 were read on this motion to/for ORDER MAINTAIN CLASS ACTION. The following e-filed documents, listed by NYSCEF document number (Motion 003) 60, 61, 62, 63, 64, 65, 66, 67, 68, 70, 71 were read on this motion to/for DISMISSAL. DECISION + ORDER ON MOTION Oral argument was held on June 21, 2022, with Rony Guldmann appearing for Plaintiff Brigido Galvez Aguilar (“Plaintiff”) and Ira S. Sturm appearing for all Defendants. Upon oral argument and the foregoing documents, it is decided and ordered as follows. I. Procedural History Plaintiff filed a Complaint on behalf of himself and a purported Class (the “Class”) on January 18, 2022 (NYSCEF Doc. 2). In the Complaint, Plaintiff alleged that Defendants collectively own and operate five restaurants as one integrated enterprise under the name “Dishes” (id. at 5). Plaintiff further alleged that he worked for Dishes from December 2014 to March 2020. Plaintiff alleged on behalf of himself and the class that Defendants engaged in improper time shaving, improper tip credit practices, improper meal credit practices, and a variety of other violations of New York Labor Law (“NYLL”) (id. at

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