Pray v. Long Island Bone & Joint, LLP et al
| Dorothea B. Pray |
| Michael Fracchia and Long Island Bone & Joint, LLP |
| 2:2014cv05386 |
| September 15, 2014 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Sandra J. Feuerstein |
| Steven I. Locke |
| Labor: Fair Standards |
| 29 U.S.C. ยง 206 Collect Unpaid Wages |
| Plaintiff |
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Filing
36
ORDER ADOPTING REPORT AND RECOMMENDATIONS: Upon de novo review of the Report and consideration of Defendants' motion to strike 30 is denied. Defendants' motion for summary judgment 27 is granted in part and denied in part as fo llows: (i) Defendants are granted leave to amend their Answer to assert the affirmative defenses of lack of capacity and judicial estoppel; (ii) Plaintiff's FLSA/NYLL claims that accrued prior to 11/21/2012 are dismissed under the doctrine of ju dicial estoppel; (iii) Plaintiff's FLSA/NYLL claims that accrued after 11/21/2012 survive on the ground that there is a material question of fact concerning whether or not Plaintiff was properly classified as an exempt employee under the FLSA� 39;s administrative exemption; (iv) the Court declines to reach the issue of whether or not Defendants acted willfully because it is pertinent only to Defendants' statute of limitations argument, which is mooted by the Court's dismissal of Plaintiff's claims that accrued prior to 11/21/2012; and (v) the Court declines to dismiss Plaintiff's putative collective action claims at this time, though Plaintiff must serve and file a fully briefed motion for conditional certification of a collective action, if any, pursuant to Rule 4(E) of this Court's individual rules by no later than 11/25/2016. SO Ordered by Judge Sandra J. Feuerstein on 9/14/2016. (Tirado, Chelsea)
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