Preview
FILED: NEW YORK COUNTY CLERK 12/22/2023 04:51 PM INDEX NO. 153644/2023
NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 12/22/2023
EXHIBIT S
FILED: NEW YORK COUNTY CLERK 12/22/2023 04:51 PM INDEX NO. 153644/2023
NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 12/22/2023
From: Matthew Dorfman mdorfman@vladeck.com
Subject: RE: Bago, et al. v. La Brochette, Inc., et al. [IWOV-iManage.FID519535]
Date: November 6, 2023 at 2:33 PM
To: Adam Sherman adam@jacobspc.com
Cc: Stefany Arteaga stefany@jacobspc.com, Jeremiah Iadevaia jiadevaia@Vladeck.com
Hi Adam,
We received your supplemental produc6on just now. From an ini6al review, it appears to contain
solely documents relevant to catered events including receipts and invoices, as well as scans of
the credit cards and photo IDs of La BrocheBe’s customers for those catered events. This is
nowhere close to the produc6on that you agreed to over a month ago. For reference, please see
below.
Please let us know if defendants intend to further supplement their produc6on or if there is
anything for the par6es to meet and confer about this issue before raising concerns with the
Court.
Thanks.
Interrogatory
As discussed, we agree to modify Interrogatory No. 5 as follows for purposes of pre-class
cer6fica6on discovery:
· For the period April 20, 2017 to the present, iden6fy any job 6tles for which the
workers, whether employees or independent contractors, were paid a 6pped
minimum wage, par6cipated in the 6p pool, or otherwise received 6ps in the
course of Defendants’ business.
o As a defini6on, a “6pped worker” is anybody who performed work in the
above job classifica6ons.
· For each such individual who performed work as a 6pped worker, please specify a
pseudonym, job 6tle, and their dates of employment.
Documents
For documents previously produced, please supplement Defendants’ document
produc6on as follows:
· Insert pseudonyms in each place where the name of a current or former worker
has been redacted;
o The pseudonyms should be consistent across all documents/interrogatories
such that each unique worker has a unique pseudonym and that same
pseudonym is used wherever that worker’s name appears across all
documents and interrogatories;
Without waiver or limita6on to raise addi6onal concerns aWer class cer6fica6on is
decided, the following documents are missing from defendants’ produc6on. To the
extent that these documents do not exist, please so specify. The relevant 6me period for
all of these requests, unless otherwise specified, is the 6me period between April 20,
FILED: NEW YORK COUNTY CLERK 12/22/2023 04:51 PM INDEX NO. 153644/2023
NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 12/22/2023
all of these requests, unless otherwise specified, is the 6me period between April 20,
2017 and the present.
· Alexandru Gerea’s employment contract, along with any other documents which
iden6fy Gerea’s job du6es or no6fy Gerea that he was earning below the non-
6pped minimum wage;
· Any 6me cards, not already produced, reflec6ng 6me worked by any 6pped
workers;
· Any documents, not already produced, reflec6ng how much each 6pped worker
received in 6ps;
· Any documents reflec6ng any formulas used to calculate 6p alloca6ons, along
with any documents showing that defendants provided their 6pped workers with
no6ce of such formulas;
o To the extent that a different formula was used for 6ps received at catered
events, please produce those documents as well;
· Any pay stubs, not already produced, for Bago, Gerea, and any other 6pped
worker;
· Any documents, not already produced, that were used to no6fy any 6pped worker
that they were earning below the non-6pped minimum wage;
· Any documents, not already produced, indica6ng whether each individual 6pped
worker was designated as an employee or an independent contractor;
o If the status of any individual changed between employee and independent
contractor, include any documents indica6ng when and why that change
occurred; and
· Any documents which were provided to customers at catered events held during
the relevant 6me period which informed the customers that they were going to
be charged an administra6ve fee or that the administra6ve fee was not a gratuity.
From: Adam Sherman
Sent: Monday, November 6, 2023 1:00 PM
To: MaBhew Dorfman
Cc: Stefany Arteaga ; Jeremiah Iadevaia
Subject: Bago, et al. v. La BrocheBe, Inc., et al.
ABached please see Defendants' supplemental produc6on.
Adam Sherman, Esq.
Senior Associate
Jacobs P.C.
O: 212-229-0476 | F: 212-937-3368
adam@jacobspc.com
FILED: NEW YORK COUNTY CLERK 12/22/2023 04:51 PM INDEX NO. 153644/2023
NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 12/22/2023
adam@jacobspc.com
jacobspc.com
595 Madison Avenue FL 39, New York, NY 10022
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FILED: NEW YORK COUNTY CLERK 12/22/2023 04:51 PM INDEX NO. 153644/2023 NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 12/22/2023 EXHIBIT S FILED: NEW YORK COUNTY CLERK 12/22/2023 04:51 PM INDEX NO. 153644/2023 NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 12/22/2023 From: Matthew Dorfman mdorfman@vladeck.com Subject: RE: Bago, et al. v. La Brochette, Inc., et al. [IWOV-iManage.FID519535] Date: November 6, 2023 at 2:33 PM To: Adam Sherman adam@jacobspc.com Cc: Stefany Arteaga stefany@jacobspc.com, Jeremiah Iadevaia jiadevaia@Vladeck.com Hi Adam, We received your supplemental produc6on just now. From an ini6al review, it appears to contain solely documents relevant to catered events including receipts and invoices, as well as scans of the credit cards and photo IDs of La BrocheBe’s customers for those catered events. This is nowhere close to the produc6on that you agreed to over a month ago. For reference, please see below. Please let us know if defendants intend to further supplement their produc6on or if there is anything for the par6es to meet and confer about this issue before raising concerns with the Court. Thanks. Interrogatory As discussed, we agree to modify Interrogatory No. 5 as follows for purposes of pre-class cer6fica6on discovery: · For the period April 20, 2017 to the present, iden6fy any job 6tles for which the workers, whether employees or independent contractors, were paid a 6pped minimum wage, par6cipated in the 6p pool, or otherwise received 6ps in the course of Defendants’ business. o As a defini6on, a “6pped worker” is anybody who performed work in the above job classifica6ons. · For each such individual who performed work as a 6pped worker, please specify a pseudonym, job 6tle, and their dates of employment. Documents For documents previously produced, please supplement Defendants’ document produc6on as follows: · Insert pseudonyms in each place where the name of a current or former worker has been redacted; o The pseudonyms should be consistent across all documents/interrogatories such that each unique worker has a unique pseudonym and that same pseudonym is used wherever that worker’s name appears across all documents and interrogatories; Without waiver or limita6on to raise addi6onal concerns aWer class cer6fica6on is decided, the following documents are missing from defendants’ produc6on. To the extent that these documents do not exist, please so specify. The relevant 6me period for all of these requests, unless otherwise specified, is the 6me period between April 20, FILED: NEW YORK COUNTY CLERK 12/22/2023 04:51 PM INDEX NO. 153644/2023 NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 12/22/2023 all of these requests, unless otherwise specified, is the 6me period between April 20, 2017 and the present. · Alexandru Gerea’s employment contract, along with any other documents which iden6fy Gerea’s job du6es or no6fy Gerea that he was earning below the non- 6pped minimum wage; · Any 6me cards, not already produced, reflec6ng 6me worked by any 6pped workers; · Any documents, not already produced, reflec6ng how much each 6pped worker received in 6ps; · Any documents reflec6ng any formulas used to calculate 6p alloca6ons, along with any documents showing that defendants provided their 6pped workers with no6ce of such formulas; o To the extent that a different formula was used for 6ps received at catered events, please produce those documents as well; · Any pay stubs, not already produced, for Bago, Gerea, and any other 6pped worker; · Any documents, not already produced, that were used to no6fy any 6pped worker that they were earning below the non-6pped minimum wage; · Any documents, not already produced, indica6ng whether each individual 6pped worker was designated as an employee or an independent contractor; o If the status of any individual changed between employee and independent contractor, include any documents indica6ng when and why that change occurred; and · Any documents which were provided to customers at catered events held during the relevant 6me period which informed the customers that they were going to be charged an administra6ve fee or that the administra6ve fee was not a gratuity. From: Adam Sherman Sent: Monday, November 6, 2023 1:00 PM To: MaBhew Dorfman Cc: Stefany Arteaga ; Jeremiah Iadevaia Subject: Bago, et al. v. La BrocheBe, Inc., et al. ABached please see Defendants' supplemental produc6on. Adam Sherman, Esq. Senior Associate Jacobs P.C. O: 212-229-0476 | F: 212-937-3368 adam@jacobspc.com FILED: NEW YORK COUNTY CLERK 12/22/2023 04:51 PM INDEX NO. 153644/2023 NYSCEF DOC. NO. 54 RECEIVED NYSCEF: 12/22/2023 adam@jacobspc.com jacobspc.com 595 Madison Avenue FL 39, New York, NY 10022 NOTE: This message, and any attached files, may contain privileged or confidential information. It is intended for use only by the addressee(s). Any disclosure, copying, or distribution of, or reliance upon, this message by anyone else is strictly prohibited. If you received this message in error, please notify the sender by reply to the e-mail message or by telephone to one of the numbers above. Cau:on: This is an external email. Please check sender address and take care when clicking links or opening aBachments. When in doubt, contact your IT Department