Butler v. The All American Bar on First Avenue Inc.

Document and posture

The provided text is a letter-motion submitted by the plaintiffs’ counsel. It requests court action but does not include an order or ruling on the requests. The text also refers to a telephonic status conference scheduled for January 27, 2022.

Background

The plaintiffs and opt-in plaintiff Ian Hannah state that they worked as long-term bartenders at The All American Bar on First Avenue Inc., doing business as American Bar. They allege that they were not paid wages and seek minimum wages, overtime, spread-of-hours pay, tips they say were improperly taken, statutory penalties, liquidated damages, attorneys’ fees, and costs. The defendants deny violating the law.

Request to amend the complaint

The plaintiffs ask for permission under Federal Rule of Civil Procedure 15(a)(2) to add Louise Demarco and Claudine Orourke as defendants and to formally add Ian Hannah as a named plaintiff. They rely on deposition testimony from Robert Gerola, who allegedly testified that Demarco and Orourke owned American Bar, served as its president and vice president, and participated in operating decisions. The plaintiffs also refer to discovery concerning the liquor license.

The plaintiffs argue that amendment should be allowed because they learned this information only about a week earlier, and because the defendants would not be prejudiced. The filing also cites Rule 21, which concerns adding parties, and cases discussing the generally permissive standards for amendment and joinder.

Request for an earlier settlement agreement

The plaintiffs also ask the court to order production of the full, unredacted settlement agreement from an earlier Fair Labor Standards Act case brought by Lana Mollere against the defendants. According to the filing, defense counsel instructed Gerola not to answer deposition questions about that settlement because it was confidential and disclosure could breach a contract.

The plaintiffs argue that confidentiality provisions in Fair Labor Standards Act settlements are generally disfavored because they may prevent workers from learning about their rights. The filing cites several Southern District of New York decisions in support of that position.

No ruling shown

The provided text does not state that the court granted, denied, or granted in part either request. It therefore does not establish a holding or final disposition. The document contains a signature block referring to Judge Vernon S. Broderick, while the supplied case metadata identifies Judge Sarah L. Cave; this summary follows the supplied metadata but flags that discrepancy for review.