NALAKA G. KUMARASINGHE,

Case 1:17-cv-03226 Document 1 Filed 05/30/17 Page 1 of 11 PageID 1

UNITED STATES DISTRICT COURT FORTHE EASTERN DISTRICT OF NEW YORK

NALAKA G. KUMARASINGHE,individually and in behalf of all other personssimilarly situated,

Plaintiff,

–against–CV

OSN DELI & GROCERY, CORP, and VINOT

PATEL, jointly and severally,

Defendants.

COMPLAINT AND JURY DEMAND

ê plaintiff, in behalf of other similarly situated current and former employees of

the defendants who consent to become party plaintiffs, pursuant to the Fair Labor Standards Act,

U.S.C. ^^^(b), alleges that the defendants violated the Fair Labor Standards Act, U.S.C.

et seq., and the defendants are liable to the plaintiff and party plaintiffs for unpaid or underpaid

overtime compensation and such other relief available by law.

ê plaintiff further alleges, pursuant to N.Y. Lab. Law ^^^(^-a) and that

the defendants violated the Minimum Wage Act, N.Y. Lab. Law et seq., and section of

the New York Labor Law, and the defendants are liable to the plaintiff for unpaid or underpaid

minimum wages, overtime compensation, spread-of-hours wages, and such other relief

available by law.

ê plaintiff further alleges, pursuant to the Wage êft Prevention Act, N.Y. Lab.

Law ^^^(^-b)–(^-d), that the defendants violated the same, N.Y. Lab. Law and that

the plaintiff should be awarded of the defendants statutory damages, injunctive relief, and such

other relief available by law.


JURISDICTION AND VENUE

Jurisdiction of this action is conferred upon the Court by the Fair Labor Standards

Act, U.S.C. ^^^(b), and further by U.S.C. and

Jurisdiction over all other claims is within the supplemental jurisdiction of the

Court pursuant to U.S.C.

Venue is proper in this district pursuant to U. S.C. ê parties reside where

set forth herein. A substantial part ofthe events or omissions giving rise to the claims alleged herein

occurred in the judicial district of this Court.

PARTIES

ê plaintiff Nalaka G. Kumarasinghe is and was at all relevant times an adult

residing in Richmond County, New York.

ê defendant OSN Deli & Grocery, Corp, is and was at all relevant times a New

York business corporation with its office in Richmond County.

Upon information and belief, the defendant Vinot Patel is and was at all relevant

times an adult.

COLLECTIVE ACTION ALLEGATIONS

Pursuant to U.S.C. ^^^(b), the plaintiff commences this action as to the

plaintiff’s claims arising under the Fair Labor Standards Act as a collective action in behalf of all

similarly situated current and former employees of the defendants at any time since three years

before the date of this complaint to the entry of judgment in this action who consent to become

party plaintiffs.

ê plaintiff and the putative party plaintiffs have had substantially similar jobs and

compensation and have been subject to the defendants’ common policies and practices ofwillfully


violating the Fair Labor Standards Act as set forth in this complaint. ê claims of the plaintiff

stated herein are similar to those of the putative party plaintiffs.

STATEMENT OF FACTS

At all relevant times, the defendants’ business is a limited-service restaurant doing

business as OSN Deli & Grocery and located at Decker Avenue, Staten Island, New York.

Upon information and belief, at all relevant times, the defendant Vinot Patel was an

owner, shareholder, officer, or manager of the defendants’ business.

Upon information and belief, at all relevant times, the defendant Vinot Patel was an

individual who actively participated in the business ofthe defendants, exercised substantial control

over the functions of the employees of the defendants, including the plaintiff and party plaintiffs,

and acted directly or indirectly in the interest of an employer.

Upon information and belief, at all relevant times, the defendant Vinot Patel had

the capacity on behalf of the defendants to establish the wages and hours of the employees of the

defendants.

ê defendants are associated and are joint employers, act in the interest of each

other with respect to the employees of the defendants, have common policies and practices as to

wages and hours, and share control over the defendants’ employees.

ê defendants employed the plaintiff approximately from January until

January

ê defendants employed the plaintiff as a cashier, cleaner, and restocker.

ê plaintiff worked for the defendants approximately seventy hours per week.

ê defendants paid the plaintiff approximately per hour.

ê defendants paid the plaintiff in cash.


ê defendants willfully failed to pay the plaintiff and party plaintiffs the applicable

minimum wage.

ê plaintiff and party plaintiffs worked more than forty hours each workweek, yet

the defendants willfully failed to pay the plaintiff and party plaintiffs overtime compensation of

one and one-half times their regular rate ofpay.

ê plaintiff worked a spread of hours more than ten each day, yet the defendants

willfully failed to pay the plaintiff spread-of-hours compensation.

ê defendants failed to provide the plaintiff with a notice and acknowledgment at

the time ofhiring.

ê defendants failed to provide the plaintiff with a statement with each payment

ofwages.

Upon information and belief, while the defendants employed the plaintiff and party

plaintiffs, the defendants failed to post or keep posted notices explaining the minimum wage rights

of employees under the Fair Labor Standards Act and the New York Labor Law, and the plaintiff

and party plaintiffs were uninformed of their rights during such times.

Upon information and belief, while the defendants employed the plaintiff and party

plaintiffs, the defendants failed to maintain accurate and sufficient records.

FIRST CLAIM FOR RELIEF:FAIR LABOR STANDARDS ACT

ê plaintiff, on behalf of the plaintiff and party plaintiffs, realleges and

incorporates by reference paragraphs through as if they were set forth again herein.

At all relevant times, the defendants, employers, employed the plaintiff and party

plaintiffs, employees, within the meaning of the Fair Labor Standards Act, U.S.C. ^^^(d),

(e)(^), and (g).


ê business activities of the defendants are related and performed through unified

operation or common control for a common business purpose and constitute an enterprise, within

the meaning of the Fair Labor Standards Act, U.S.C. ^^^(r).

ê enterprise of the defendants employs employees engaged in commerce or in

the production of goods for commerce, or in handling, selling, or otherwise working on goods or

materials that have been moved in or produced for commerce, within the meaning ofthe Fair Labor

Standards Act, U.S.C. ^^^(s)(^)(A)(i).

Upon information and belief, at all relevant times, the enterprise of the defendants

has had an annual gross volume of sales made or business done not less than of

exclusive of separate retail excise taxes, within the meaning of the Fair Labor Standards Act,

U.S.C. ^^^(s)(^)(A)(ii).

êrefore, upon information and belief, at all relevant times, the plaintiff and party

plaintiffs have been employed in an enterprise engaged in commerce or in the production of goods

for commerce, within the meaning of the Fair Labor Standards Act, U.S.C. ^^^(s)(^)(A).

ê defendants in many workweeks willfully and repeatedly violated the Fair Labor

Standards Act, U.S.C. and ^^^(a)(^), by failing to pay the plaintiff and party plaintiffs at

a rate not less than one and one-half times the regular rate of pay for work performed more than

forty hours in a workweek.

By U.S.C. ^^^(b), the defendants are liable to the plaintiff and party plaintiffs

for unpaid or underpaid overtime compensation.

ê defendants failed to post notices of the defendants’ employees’ rights under the

law, required by C.F.R.


Because of the defendants’ failure to post notices of the defendants’ employees’

rights under the law, the plaintiff and party plaintiffs are entitled to the equitable tolling of their

claims during the time that the defendants failed to post such notices.

ê foregoing conduct, as alleged, constitutes a willful violation of the Fair Labor

Standards Act, within the meaning of the Portal-to-Portal Act, U.S.C. ^^^(a).

ê plaintiff and party plaintiffs are further entitled to recover of the defendants an

equal amount as liquidated damages pursuant to the Fair Labor Standards Act, U. S.C. ^^^(b).

SECOND CLAIM FOR RELIEF:MINIMUM WAGE ACT

ê plaintiff realleges and incorporates by reference paragraphs through as if

they were set forth again herein.

At all relevant times, the defendants, employers, employed the plaintiff, employees,

within the meaning of the New York Labor Law, and and N.Y.

Comp. Codes R. & Regs. tit.

From December until December the applicable minimum wage

was and from December to the present, pursuant to N.Y. Lab. Law

and N.Y. Comp. Codes R. & Regs. tit.

ê defendants violated the plaintiff’s rights by failing to pay or underpaying the

plaintiff the required minimum wage, in violation ofN.Y. Lab. Law and N.Y. Comp. Codes

R. & Regs. tit.


plaintiff overtime compensation at a rate not less than one and one-half times the plaintiff’s regular

rate of pay for the hours the plaintiff worked more than forty per workweek, in violation ofN.Y.




plaintiff spread-of-hours compensation, in violation ofN.Y. Comp. Codes R. & Regs. tit.^^,

ê defendants’ failure to pay the plaintiff the foregoing timely is a violation of

section of the New York Labor Law.

By N.Y. Lab. Law ^^^(^-a) and the defendants are liable to the plaintiff

for unpaid or underpaid minimum wages, overtime compensation, and spread-of-hours

wages.

ê plaintiff is further entitled to recover of the defendants liquidated damages

pursuant to the Wage êft Prevention Act, N.Y. Lab. Law ^^^(^-a), and the Minimum Wage Act,

N.Y. Lab. Law

ê defendants failed to post notices of the defendants’ employees’ rights under the

law, required by N.Y. Lab. Law ^^^(d) and and N.Y. Comp. Codes R. & Regs. tit.^^,

Because of the defendants’ failure to post notices of the defendants’ employees’

rights under the law, the plaintiff is entitled to the equitable tolling of the plaintiff’s claims during

the time that the defendants failed to post such notices.

THIRD CLAIM FOR RELIEF:WAGE THEFT PREVENTION ACT



ê defendants failed to furnish to the plaintiff, at the time of hiring, a notice

containing the rate or rates of pay and basis thereof, whether paid by the hour, shift, day, week,

salary, piece, commission, or other; allowances, if any, claimed as part of the minimum wage,


including tip, meal, or lodging allowances; the regular pay day designated by the employer; any

doing business as names used by the employer; the physical address of the employer’s main office

or principal place of business, and a mailing address if different; the telephone number of the

employer, and anything otherwise required by law; in violation of the Wage êft Prevention Act,

N.Y. Lab. Law and N.Y. Comp. Codes R. & Regs. tit.

Due to the defendants’ violation of the Wage êft Prevention Act, N.Y. Lab. Law

and N.Y. Comp. Codes R. & Regs. tit.^^, the plaintiff should be awarded of the

defendants statutory damages of per workday that the violation occurred, up to a maximum

of pursuant to N.Y. Lab. Law ^^^(^-b).

ê defendants failed to furnish to the plaintiff with each wage payment a statement

listing the dates ofwork covered by that payment ofwages; name ofemployee; name ofemployer;

address and phone number ofemployer; rate or rates ofpay and basis thereof, whether paid by the

hour, shift, day, week, salary, piece, commission, or other; the regular hourly rate or rates ofpay;

the overtime rate or rates ofpay; the number ofregular hours worked, and the number of overtime

hours worked; gross wages; deductions; allowances, if any, claimed as part of the minimum wage;

and net wages; in violation of the Wage êft Prevention Act, N.Y. Lab. Law and N.Y.


Due to the defendants’ violation of the Wage êft Prevention Act, N.Y. Lab. Law

and N.Y. Comp. Codes R. & Regs. tit.^^, the plaintiff should be awarded of the

defendants statutory damages of per workday that the violation occurred, up to a

maximum of thereafter, pursuant to N.Y. Lab. Law ^^^(^-d).

Further, the defendants, including the defendants’ officers, agents, employees, and

those persons in active concert or participation with the defendants, should be permanently


enjoined from violating the Wage êft Prevention Act, pursuant to the same, N.Y.

Lab. Law ^^^(^-b)–(^-d).

FOURTH CLAIM FOR RELIEF:DECLARATORY RELIEF



Pursuant to the Declaratory Judgment Act, U.S.C. and Rule of

the Federal Rules of Civil Procedure, the plaintiff may obtain declaratory relief.

ê defendants violated the Fair Labor Standards Act, Minimum Wage Act, section

of the New York Labor Law, and the Wage êft Prevention Act.

It is in the public interest to have these declarations of rights recorded.

A declaratory judgment serves the useful purpose ofclarifying and settling the legal

issues in this action.

A declaratory judgment would terminate and afford relief from uncertainty,

insecurity, and controversy giving rise to this action.

PRAYER FOR RELIEF

Wherefore, the plaintiff, on behalf of the plaintiff and party plaintiffs, prays this

Court grant as relief:

a. designation of this action as a collective action in behalf ofthe party plaintiffs

and prompt issuance of notice pursuant to U.S.C. ^^^(b) to all similarly situated

putative party plaintiffs, apprising them ofthe pendency of this action, permitting them

to assert timely claims under the Fair Labor Standards Act in this action by filing

individual consents to become party plaintiffs pursuant to U.S.C. ^^^(b) and

appointing the plaintiff and the plaintiff’s attorneys to represent the party plaintiffs;


b. a declaratory judgment that the practices complained of herein are unlawful

under the Fair Labor Standards Act, the Minimum Wage Act, section of the New

York Labor Law, and the Wage êft Prevention Act;

c. an award of unpaid or underpaid overtime compensation, due under the Fair

Labor Standards Act;

d. an award of liquidated damages pursuant to the Fair Labor Standards Act,

U.S.C. ^^^(b);

e. an award of unpaid or underpaid minimum wages, overtime

compensation, and spread-of-hours wages, due under the Minimum Wage Act and

section of the New York Labor Law;

f. an award of liquidated damages pursuant to the Wage êft Prevention Act,

N.Y. Lab. Law ^^^(^-a), and the Minimum Wage Act, N.Y. Lab. Law

g. an award of statutory damages for the defendants’ violation ofthe Wage êft

Prevention Act, N.Y. Lab. Law pursuant to the same, N.Y. Lab. Law

^^^(^-b)–(^-d);

h. a permanent injunction restraining the defendants, including the defendants’

officers, agents, employees, and those persons in active concert or participation with

the defendants, from violating the Wage êft Prevention Act, N.Y. Lab. Law

pursuant to the same, N.Y. Lab. Law ^^^(^-b)–(^-d);

i. if liquidated damages pursuant to the Fair Labor Standards Act, U.S.C.

^^^(b), are not awarded, an award ofprejudgment interest pursuant to U.S.C.

j. an award ofprejudgment interest pursuant to the New York Civil Practice Law

and Rules,


k. an award of postjudgment interest pursuant to U.S.C. and/or the

New York Civil Practice Law and Rules,

l. an award of the attorney’s fees, costs, and further expenses up to fifty dollars,

of this action, pursuant to U.S.C. ^^^(b), and N.Y. Lab. Law and

and

m. such other and further relief as this Court deems just and proper.

DEMAND FOR TRIAL BY JURY

Pursuant to Rule ^^(b) of the Federal Rules of Civil Procedure, the plaintiff, on behalf of

the plaintiff and party plaintiffs, demands a trial by jury on all questions of fact raised by the

complaint.

Dated: New York, New York

May

LAW OFFICE OF JUSTIN A. ZELLER, P.C.

By:John M. Gurrieri

[email protected] D. Sherr

[email protected] A. Zeller

[email protected], Suite

New York, N.Y.^^^^^-^^^^

Telephone:Facsimile:ATTORNEYS FOR PLAINTIFF

AO 440 (Rev. 06/12) Summons in a Civil Action

UNITED STATES DISTRICT COURTfor the

__________ District of __________

))))))))))))

Plaintiff(s)

v. Civil Action No.

Defendant(s)

SUMMONS IN A CIVIL ACTION

To: (Defendant’s name and address)

A lawsuit has been filed against you.

Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if youare the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 ofthe Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney,whose name and address are:

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court.

CLERK OF COURT

Date:Signature of Clerk or Deputy Clerk

Eastern District of New York

NALAKA G. KUMARASINGHE, individually

and in behalf of all other persons similarly

situated

17 CV 3226


PATEL, jointly and severally

Vinot Patel

c/o Law Office of Justin A. Zeller, P.C.

277 BROADWAY STE 408

NEW YORK NY 10007-2036

Law Office of Justin A. Zeller, P.C.



Case 1:17-cv-03226 Document 1-1 Filed 05/30/17 Page 1 of 2 PageID #: 12

AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)

Civil Action No.

PROOF OF SERVICE(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))

This summons for (name of individual and title, if any)

was received by me on (date) .

� I personally served the summons on the individual at (place)

on (date) ; or

� I left the summons at the individual’s residence or usual place of abode with (name)

, a person of suitable age and discretion who resides there,

on (date) , and mailed a copy to the individual’s last known address; or

� I served the summons on (name of individual) , who is

designated by law to accept service of process on behalf of (name of organization)

on (date) ; or

� I returned the summons unexecuted because ; or

� Other (specify):

.

My fees are $ for travel and $ for services, for a total of $ .

I declare under penalty of perjury that this information is true.

Date:Server’s signature

Printed name and title

Server’s address

Additional information regarding attempted service, etc:

17 CV 3226


AO 440 (Rev. 06/12) Summons in a Civil Action

UNITED STATES DISTRICT COURTfor the

__________ District of __________

))))))))))))

Plaintiff(s)

v. Civil Action No.

Defendant(s)

SUMMONS IN A CIVIL ACTION

To: (Defendant’s name and address)

A lawsuit has been filed against you.

Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if youare the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 ofthe Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney,whose name and address are:

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court.

CLERK OF COURT

Date:Signature of Clerk or Deputy Clerk

Eastern District of New York

NALAKA G. KUMARASINGHE, individually

and in behalf of all other persons similarly

situated

17 CV 3226


PATEL, jointly and severally

OSN Deli & Grocery, Corp

6 DECKER AVE

STATEN ISLAND, NY 10302-2110

Law Office of Justin A. Zeller, P.C.




AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)

Civil Action No.

PROOF OF SERVICE(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))

This summons for (name of individual and title, if any)

was received by me on (date) .

� I personally served the summons on the individual at (place)

on (date) ; or

� I left the summons at the individual’s residence or usual place of abode with (name)

, a person of suitable age and discretion who resides there,

on (date) , and mailed a copy to the individual’s last known address; or

� I served the summons on (name of individual) , who is

designated by law to accept service of process on behalf of (name of organization)

on (date) ; or

� I returned the summons unexecuted because ; or

� Other (specify):

.

My fees are $ for travel and $ for services, for a total of $ .

I declare under penalty of perjury that this information is true.

Date:Server’s signature

Printed name and title

Server’s address

Additional information regarding attempted service, etc:

17 CV 3226


JS 44 (Rev. 0�/16) CIVIL COVER SHEETThe JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except asprovided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for thepurpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.)

I. (a) PLAINTIFFS DEFENDANTS

(b) County of Residence of First Listed Plaintiff County of Residence of First Listed Defendant(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)

NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE TRACT OF LAND INVOLVED.

(c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known)

II. BASIS OF JURISDICTION (Place an “X” in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff(For Diversity Cases Only) and One Box for Defendant)

� 1 U.S. Government � 3 Federal Question PTF DEF PTF DEFPlaintiff (U.S. Government Not a Party) Citizen of This State � 1 � 1 Incorporated or Principal Place � 4 � 4

of Business In This State

� 2 U.S. Government � 4 Diversity Citizen of Another State � 2 � 2 Incorporated and Principal Place � 5 � 5Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State

Citizen or Subject of a � 3 � 3 Foreign Nation � 6 � 6 Foreign Country

IV. NATURE OF SUIT (Place an “X” in One Box Only)CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES

� 110 Insurance PERSONAL INJURY PERSONAL INJURY � 625 Drug Related Seizure � 422 Appeal 28 USC 158 � 375 False Claims Act� 120 Marine � 310 Airplane � 365 Personal Injury - of Property 21 USC 881 � 423 Withdrawal � 376 Qui Tam (31 USC � 130 Miller Act � 315 Airplane Product Product Liability � 690 Other 28 USC 157 3729(a))� 140 Negotiable Instrument Liability � 367 Health Care/ � 400 State Reapportionment� 150 Recovery of Overpayment � 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS � 410 Antitrust

& Enforcement of Judgment Slander Personal Injury � 820 Copyrights � 430 Banks and Banking� 151 Medicare Act � 330 Federal Employers’ Product Liability � 830 Patent � 450 Commerce� 152 Recovery of Defaulted Liability � 368 Asbestos Personal � 840 Trademark � 460 Deportation

Student Loans � 340 Marine Injury Product � 470 Racketeer Influenced and (Excludes Veterans) � 345 Marine Product Liability LABOR SOCIAL SECURITY Corrupt Organizations

� 153 Recovery of Overpayment Liability PERSONAL PROPERTY � 710 Fair Labor Standards � 861 HIA (1395ff) � 480 Consumer Credit of Veteran’s Benefits � 350 Motor Vehicle � 370 Other Fraud Act � 862 Black Lung (923) � 490 Cable/Sat TV

� 160 Stockholders’ Suits � 355 Motor Vehicle � 371 Truth in Lending � 720 Labor/Management � 863 DIWC/DIWW (405(g)) � 850 Securities/Commodities/� 190 Other Contract Product Liability � 380 Other Personal Relations � 864 SSID Title XVI Exchange� 195 Contract Product Liability � 360 Other Personal Property Damage � 740 Railway Labor Act � 865 RSI (405(g)) � 890 Other Statutory Actions� 196 Franchise Injury � 385 Property Damage � 751 Family and Medical � 891 Agricultural Acts

� 362 Personal Injury - Product Liability Leave Act � 893 Environmental Matters Medical Malpractice � 790 Other Labor Litigation � 895 Freedom of Information

REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS � 791 Employee Retirement FEDERAL TAX SUITS Act� 210 Land Condemnation � 440 Other Civil Rights Habeas Corpus: Income Security Act � 870 Taxes (U.S. Plaintiff � 896 Arbitration� 220 Foreclosure � 441 Voting � 463 Alien Detainee or Defendant) � 899 Administrative Procedure� 230 Rent Lease & Ejectment � 442 Employment � 510 Motions to Vacate � 871 IRS—Third Party Act/Review or Appeal of� 240 Torts to Land � 443 Housing/ Sentence 26 USC 7609 Agency Decision� 245 Tort Product Liability Accommodations � 530 General � 950 Constitutionality of� 290 All Other Real Property � 445 Amer. w/Disabilities - � 535 Death Penalty IMMIGRATION State Statutes

Employment Other: � 462 Naturalization Application� 446 Amer. w/Disabilities - � 540 Mandamus & Other � 465 Other Immigration

Other � 550 Civil Rights Actions� 448 Education � 555 Prison Condition

� 560 Civil Detainee - Conditions of Confinement

V. ORIGIN (Place an “X” in One Box Only)� 1 Original

Proceeding� 2 Removed from

State Court� 3 Remanded from

Appellate Court� 4 Reinstated or

Reopened� 5 Transferred from

Another District(specify)

� 6 MultidistrictLitigation -Transfer

� 8 Multidistrict Litigation -

�Direct File

VI. CAUSE OF ACTIONCite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity):

Brief description of cause:

VII. REQUESTED INCOMPLAINT:

� CHECK IF THIS IS A CLASS ACTIONUNDER RULE 23, F.R.Cv.P.

DEMAND $ CHECK YES only if demanded in complaint:JURY DEMAND: � Yes � No

VIII. RELATED CASE(S)IF ANY (See instructions):

JUDGE DOCKET NUMBERDATE SIGNATURE OF ATTORNEY OF RECORD

FOR OFFICE USE ONLY

RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE

NALAKA G. KUMARASINGHE, individually and in behalf of all otherpersons similarly situated

Richmond

Law Office of Justin A. Zeller, P.C., 277 Broadway Ste 408, New YorkNY 10007-2036, 1-212-229-2249

OSN DELI & GROCERY, CORP, and VINOT PATEL, jointly andseverally

29 U.S.C. § 201 et seq.

Fair labor standards

05/30/2017


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John M. Gurrieri plaintiff

seeks declaratory relief

No

No

Yes


ClassAction.orgThis complaint is part of ClassAction.org's searchable class action lawsuit database and can be found in this post: Former OSN Deli & Grocery Worker Sues Over FLSA Claims

https://www.classaction.org/news/former-osn-deli-grocery-worker-sues-over-flsa-claims

Documents

NALAKA G. KUMARASINGHE,