Iocono v. Anastasio

MEDINA, District Judge.

In this action by thirty-five specifically named plaintiffs to recover alleged unpaid overtime compensation, liquidated damages and attorneys’ fees pursuant to the Fair Labor Standards Act of 1938, 29 U.S.C.A. § 216(b), plaintiffs move for leave to amend the summons and complaint by adding “and such other employees of the defendants who may join as plaintiffs in this action before the trial,” after the names of the plaintiffs enumerated in the caption.

The action was commenced by the filing of the complaint on September 3, 1947. Shortly thereafter, and on September 8,…