Griffith et al v. Fordham Financial Management, Inc. et al
| Christopher D. Griffith and David Speciale |
| Fordham Financial Management, Inc. and William Baquet |
| 1:2012cv01117 |
| February 14, 2012 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Paul A. Crotty |
| Fair Labor Standards Act |
| 28 U.S.C. ยง 1331 |
| Plaintiff |
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Filing
143
OPINION & ORDER re: 109 MOTION for Summary Judgment . filed by Fordham Financial Management, Inc., William Baquet. The Court GRANTS Defendants' motion to decertify the collective action; DENIES the motion for summary judgment as to Plaintiffs' classification as independent contractors; and DENIES the motion for summary judgment as to the timeliness of FLSA claims. The Court dismisses without prejudice all claims of the opt-in Plaintiffs; except dismisses with prej udice the FLSA claims of opt-in Plaintiffs Ricardo Francois, Mack Miller and Paul Calabrese. The parties are directed to appear at a conference scheduled for Wednesday, February 17 at 11:45 am, in Courtroom 14C. The Clerk is directed to terminate t he motion at Docket 109. (As further set forth in this Order), ( Status Conference set for 2/17/2016 at 11:45 AM in Courtroom 14C, 500 Pearl Street, New York, NY 10007 before Judge Paul A. Crotty.) (Signed by Judge Paul A. Crotty on 1/28/2016) (lmb)
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Filing
102
OPINION & ORDER re: 75 MOTION to Certify Class Pursuant to Fed. R. Civ. P. 23. filed by Alonzo Jerome Adams, David Speciale, Mack Miller, Christopher D. Griffith, Francois Ricardo, Paul R Calabrese, Daniel DeKleine. The Court fin ds that Plaintiffs have failed to establish predominance and commonality. Further analysis of the Rule 23 requirements is unnecessary. Plaintiffs' motion for class certification is DENIED. This ruling moots Plaintiffs' motion to appoint Class Counsel and Class Representatives. (Signed by Judge Paul A. Crotty on 3/12/2015) (lmb)
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Filing
38
OPINION & ORDER: re: 13 MOTION to Certify Class FLSA COLLECTIVE ACTION. On February 14, 2012, plaintiffs Christopher D. Griffith (Griffith) and David Speciale (Speciale) filed a complaint against Fordham Financial Management, Inc. (Fordham), their former employer, and William Baquet, Fordhams president and chief executive officer, alleging violations of the Fair Labor Standards Act (FLSA) and the New York Labor Law (NYLL). Plaintiffs claim that they were not paid minimum wage, they were not p aid time and a half forwork in excess of forty hours per week, they were not paid in a timely manner in accordance with the terms of their employment, and that Defendants made improper deductions from their wages. On December 14, 2012, Griffith and S peciale moved for conditional certification of their FLSA collective action. For the reasons stated below, Plaintiffs motion is granted. For the foregoing reasons, the Court GRANTS Plaintiffs motion to conditionally certify the collective action und er teh FLSA. Defendants are hereby ordered to provide Plaintiffs with the contact information for all potential opt-in plaintiffs, as specified above, and the post a copy of Plaintiffs' proposed notice in Fordham's office. The Clerk of Court is directed to terminate the motion at docket number 13. SO ORDERED. (Signed by Judge Paul A. Crotty on 5/22/2013) (rsh)
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