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Lopez v. Kennedy Fish & Chicken

November 19, 2010

JUAN MIGUEL LOPEZ, PLAINTIFF,
v.
KENNEDY FISH & CHICKEN, INC. AND LIAQAT ALI, DEFENDANTS.



The opinion of the court was delivered by: Milton I. Shadur Senior United States District Judge Date:

MEMORANDUM ORDER

Miguel Lopez ("Lopez") has brought this action, claiming that he is owed unpaid overtime wages by his employer.*fn1 Lopez' Complaint is accompanied by an In Forma Pauperis Application ("Application"), prepared on the form provided by the Clerk's Office for that purpose. This memorandum order is occasioned by a question raised by Lopez' responses to the questions posed by the Application.

According to Application ΒΆΒΆ2(a) and 3,both Lopez and his wife are employed at the employer defendants' location. What is unclear from those responses is the income level of each of them. If their aggregate monthly income is $2600, as appears to be a possibility from the numbers set out in the Application, it would have to be denied and Lopez (who is represented by counsel) ...


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