30 (NYS Dep’t of State Entity Information). (“Runway”) is a New York corporation formed on May 6, 2004. Despite this procedural aberration, I will consider both motions for summary judgment. Defendants have submitted their cross-motion for partial summary judgment without requesting a premotion conference for permission to file such motion in contravention of my Individual Motion Practices and Rules. Thus, I also construe their motion as one for partial summary judgment. 5 Like Plaintiffs, Defendants style their motion as one for summary judgment on all claims, but the motion fails to address all of Plaintiffs’ claims.

4 Plaintiffs style their motion as one for summary judgment on all claims, but I construe it as a motion for partial summary judgment as it does not address the breach of contract claim pled in their second amended complaint and it does not purport to address certain damages issues.

Accordingly, I hereby dismiss this named defendant from the action. 3 In their papers, Plaintiffs concede that none of the Plaintiffs ever worked for Runway Towing & Recover Corp. 2 The names of these opt-in plaintiffs are Anthony Alicia, Jeremy Bennett, Manuel Carpintero, Vernon Dann, Victor Fallas, Bryan Gonzales, Jeffrey Kimbrough, Donnie Mack, Nedim Adam Mergen, Mariano Perez, Jr., Pastor Rivera, Jose Rodriguez, Ricardo Sanabria, Jacqueline Shao, and Anatole Williams. 5 For the reasons stated below, both motions are granted in part and denied in part.

Defendants cross-move for partial summary judgment. P.”) 56, 4 collective certification pursuant to the FLSA, and class certification pursuant to Fed. 3 Plaintiffs move for partial summary judgment pursuant to Federal Rule of Civil Procedure (“Fed.

JOHN GLEESON, United States District Judge: Christopher D’Arpa, Josue Joel Pujols-Vasquez, Desmond Mitchell, Edgar Padilla, and fifteen opt-in plaintiffs 2 (collectively, “Plaintiffs”) bring this putative class and collective action pursuant to the Fair Labor Standards Act (“FLSA”) and New York Labor Law (“NYLL”) against Runway Towing Corp., Cynthia Pritsinevelos, Chris Pritsinevelos, and various unnamed individuals and corporations (collectively, “Defendants”) to, inter alia, recover hourly, overtime, and spread of hours wages allegedly due to them. Accordingly, the Clerk is directed to add Mitchell and Padilla as plaintiffs in this action. The first and second amended complaints added Desmond Mitchell and Edgar Padilla as named plaintiffs, but it appears that counsel for plaintiffs did not add Mitchell and Padilla as parties to the action via ECF when he filed these complaints. 1010 Northern Boulevard, Suite 322 Great Neck, New York 11021 By: Gary Rosen Attorneys for Plaintiffs MARGOLIN & PIERCE, LLP 111 West 57th Street New York, New York 10019 By: Philip Pierce Attorneys for Defendants 1 The original complaint named only Christopher D’Arpa and Josue Joel Pujols-Vasquez as plaintiffs. CYNTHIA PRITSINEVELOS CHRIS PRITSINEVELOS JOHN DOES # 1-10 XYZ CORPORATIONS # 1-10, jointly and severally, Defendants. 142 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK NOT FOR PUBLICATION CHRISTOPHER D’ARPA, JOSUE JOEL PUJOLS-VASQUEZ, DESMOND MITCHELL, EDGAR PADILLA, individually and on behalf of all other persons similarly situated, 1 Plaintiffs, - versus - MEMORANDUM AND ORDER 12-CV-1120 RUNWAY TOWING CORP.

Runway towing