Flood v. Just Energy Marketing Corp. et al
| Kevin Flood |
| Just Energy Marketing Corp., Just Energy New York Corp. and Just Energy Group, Inc. |
| 7:2015cv02012 |
| March 17, 2015 |
| US District Court for the Southern District of New York |
| White Plains Office |
| Westchester |
| Analisa Torres |
| Fair Labor Standards Act |
| 29 U.S.C. ยง 201 |
| Plaintiff |
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Filing
157
OPINION & ORDER re: 144 MOTION to Certify Class in accordance with Rules 23(a) and (b)(3). filed by Kevin Flood. Just Energy has moved for summary judgment on the basis that plaintiff Flood was an "outside salesman" and t herefore exempt from the requirements of the FLSA and NYLL. Also pending before this Court is plaintiff's motion to certify a class pursuant to Federal Rule of Civil Procedure 23. (As further set forth in this Order.) Accordingly, the Court di rects any opt-in plaintiff who believes he or she is situated differently than Flood to file a Rule 56.1 statement setting forth such distinguishing facts not later than Friday, February 3, 2017. The Court will assume that if no separate Rule 56.1 statement is filed, the facts are materially similar and will enter judgment accordingly. Defendants must respond to any submissions not later than Friday, February 17, 2017. For the reasons set forth above, defendants' motion for summary j udgment is GRANTED, and plaintiff's motion for class certification is DENIED as moot. The Clerk of Court is directed to close the motion at ECF No. 144. (Signed by Judge Katherine B. Forrest on 1/20/2017) (cf) (Main Document 157 replaced on 1/20/2017) (cf).
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