Order | Filed: August 25, 2026
| Entered: August 25, 2026
Sanchez Ortega v. Breaking Bread SI Inc. et al
Labor: Fair Standards | New York Eastern
Order(Other)
ORDER granting in part and denying in part 23 : The Court is in receipt of the parties' joint status letter regarding compliance with the Court's 05/12/2026 Order and that status of discovery. (See ECF No. 23.) For the reasons stated below, Plaintiff Sanchez Ortega and Opt-In Plaintiff Espindola Vasquez shall supplement certain disclosures, but Defendants' request to serve additional discovery demands and conduct depositions is denied without prejudice.
On 05/12/2026, the Court ordered Plaintiffs to provide, inter alia, a written submission identifying Plaintiffs' period of employment, job title, job duties, and immediate supervisor, as well as "an accounting of Plaintiff's claim, including dates, regular hours worked, over-time hours worked, pay received versus pay claimed, and tips or other compensation." (ECF No. 18 at 1.) The Court also required Plaintiffs to disclose whether they are entitled to a prevailing wage and, if so, the applicable rate, and to provide certain information if they brought a collective action. (Id. at 2.) Plaintiffs were also required to provide a written description of attorneys' fees and costs, including "the hourly rate(s) sought and the number of hours expended by each person who has billed time to this case." (Id.)
The parties' joint letter reflects that certain information required by the Court's 05/12/2026 Order remains incomplete. For example, Defendants identify discrepancies between the employment periods disclosed by Plaintiffs and the periods reflected in his damages calculations and assert that Plaintiffs have not adequately identified their job duties. (ECF No. 23 at 2.) Defendants also assert that Plaintiffs' damages chart does not provide coherent accounting of pay received versus pay claimed and other compensation, and that the attorneys' fee disclosure does not identify every biller or provide aggregate hours and exact fee and cost amounts. (Id. at 2-3.) Plaintiffs were directed to disclose these categories of information explicitly in the 05/12/2026 Order. (See ECF No. 18 &para&para 2(b), 2(d).)
However, Defendants' additional requests exceed the disclosures required by the Court's 05/12/2026 Order. For instance, the 05/12/2026 Order does not require Plaintiffs to provide a written methodology explaining assumptions used for Plaintiffs' damages calculations, a crosswalk reconciling different damages calculations, or a prejudgment-interest worksheet. (Compare ECF No. 18 at 1-2 with ECF No. 23 at 4.) Additionally, Plaintiffs aver that this is neither a prevailing-wage case nor a collective action. (ECF No. 23 at 3.) Accordingly, no further disclosure regarding those issues is required under &para&para 2(b)(4) or 2(c) of the 05/12/2026 Order.
Accordingly, by 09/03/2026, Plaintiffs shall supplement their disclosures with the following, in accordance with the Court's 05/12/2026 Order:
(i) clarify each Plaintiff's period of employment and provide the job title and job duties pursuant to &para&para 2(b)(1)-(2) of the 05/12/2026 Order;
(ii) provide an accounting of each Plaintiffs claim that includes the information specified in &para 2(b)(3), including dates, regular and overtime hours worked, pay received versus pay claimed, and tips or other compensation; and
(iii) provide the attorneys' fees and cost information specified in &para 2(d), including the hourly rate sought and the number of hours expended by each person who has billed time to this case. (ECF No. 18 at 1-2.)
To the extent Defendants seek disclosures beyond those required by the 05/12/2026 Order, such requests are denied. Defendants' request to serve additional discovery demands and conduct depositions is also denied without prejudice. (ECF No. 23 at 4.) The parties are strongly urged to meet and confer in good faith to resolve any outstanding disputes. The parties are reminded that the purpose of the Court's 05/12/2026 Order is to facilitate meaningful settlement discussions, not to govern all discovery exchanged in this case. So Ordered by Magistrate Judge Marcia M. Henry on 08/25/2026. (DAC)