Lawson vs Urban Outfitters, Inc.
| Daniel Lawson |
| Urban Outfitters, Inc. |
| 1:2018cv02912 |
| May 16, 2018 |
| US District Court for the Eastern District of New York |
| Brooklyn Office |
| Roslynn R Mauskopf |
| James Orenstein |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Fair Labor Standards Act |
| Plaintiff |
Docket Report
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ORDER granting #26 Motion to Sever -- The motion to sever is granted. I respectfully direct the Clerk of Court to sever plaintiffs Jeffrey McEarchen, Daniel Lawson, and Thomas Wolfe from this action and open separate civil actions for each of their claims with the amended complaint (Docket Entry 13 ) as the initiating document in each case, and to waive any filing fees. The actions are deemed related for purposes of discovery only. The parties in each case are respectfully directed to file joint pre trial orders that substantially comply with the individual practicerequirements of the Honorable Roslynn R. Mauskopf, United States District Judge, by June 4, 2018. Ordered by Magistrate Judge James Orenstein on 5/2/2018. (Salvador, Anjali) Ordered by Magistrate Judge James Orenstein on 05/02/2018. (Marziliano, August) (Entered: 05/16/2018)
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| Filing 26 MOTION to Sever by Jeffrey McEarchen. (Predovan, Rebecca) (Marziliano, August) Modified on 5/16/2018 (Marziliano, August). |
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Filing 25
ORDER ADOPTING REPORT AND RECOMMENDATION: For the reasons set forth above, the Court adopts Judge Orenstein's thorough and well-reasoned R&R(Doc. No. ). It is hereby ordered that the plaintiffs' motion for final certification is denied, and, accordingly, that Urban's motion to decertify the collective action is granted. (Doc. No. ). In addition, the statute of limitations is hereby tolled for sixty (60) days following the issuance of this Memorandum and Order.This case is re-committed to Magistrate Judge Orenstein for all further pretrial proceedings. Ordered by Judge Roslynn R. Mauskopf on 9/6/2017. (Taronji,Robert) (Entered: 05/16/2018)
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Filing 24
REPORT AND RECOMMENDATIONS re Notice of MOTION to Certify FLSA Collective Action filed by Thomas C. Wolfe, Daniel Lawson, Jeffrey McEarchen, MOTION for Hearing filed by Urban Outfitters, Inc. For the reasons set forth in the attached document, I respectfully recommend that the court deny the plaintiffs' motion for final certification of a collective action and grant the defendant's motion for decertification. Any objections to this Report and Recommendation must be filed no later than March 24, 2017. Failure to file objections within this period designating the particular issues to be reviewed waives the right to appeal the district court's order. Ordered by Magistrate Judge James Orenstein on 3/7/2017. (Orenstein, James) (Entered: 05/16/2018)
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ORDER REFERRING MOTION: #9 MOTION for Hearing filed by Urban Outfitters, Inc., #10 MOTION to Certify FLSA Collective Action filed by Thomas C. Wolfe, Daniel Lawson Ordered by Judge Roslynn R. Mauskopf on 05/23/2016. Motions referred to James Orenstein. (Marziliano, August)
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| Filing 23 DECLARATION re Reply in Support Reply Declaration of Seth R. Lesser byDaniel Lawson, Jeffrey McEarchen, Thomas C. Wolfe (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F) (Marziliano, August) |
| Filing 20 AFFIDAVIT/DECLARATION in Opposition re #10 MOTION to Certify FLSA Collective Action filed by Daniel Lawson, Thomas C. Wolfe. (Marziliano, August) |
| Filing 19 REPLY in Support, re: MOTION to Decertify the Collective Action; filed byUrban Outfitters, Inc. (Attachments: #1 Supplemental Declaration of William R. Horwitz, #2 Exhibit A-F to Supplemental Declaration of William R. Horwitz, #3 Exhibit G-K to Supplemental Declaration of William R. Horwitz, #4 Exhibit L-T to Supplemental Declaration of William R. Horwitz, #5 Exhibit U-Y to Supplemental Declaration of William R. Horwitz, #6 Exhibit Z, #7 Exhibit AA, #8 Exhibit BBGG, #9 Index to Exhibits, #10 Certificate of Service) (Marziliano, August) |
| Filing 18 AFFIDAVIT/DECLARATION in Opposition re 242 Notice of MOTION to CertifyFLSA Collective Action Declaration of William R. Horwitz filed by Daniel Lawson,Jeffrey McEarchen, Thomas C. Wolfe. (Attachments: #1 Exhibit A-G, #2 Exhibit H-J, #3 Exhibit K-O, #4 Exhibit P-AA, #5 Exhibit BB, #6 Exhibit CC-GG) (Marziliano, August) |
| Filing 17 Plaintiffs' RESPONSE in Opposition re: 241 MOTION to Decertify the Collective Action; filed by Urban Outfitters, Inc. W/Attachments: #1 Declaration of Seth R. Lesser, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4, #6 Exhibit 5, #7 Exhibit 6, #8 Exhibit 7, #9 Exhibit 8, #10 Exhibit 9, #11 Exhibit 10, #12 Exhibit 11, #13 Exhibit 12, #14 Exhibit 13, #15 Exhibit 14, #16 Exhibit 15, #17 Exhibit 16, #18 Exhibit 17, #19 Exhibit 18, #20 Exhibit 19, #21 Exhibit 20, #22 Exhibit 21, #23 Exhibit 22, #24 Exhibit 23, #25 Exhibit 24, #26 Exhibit 25, #27 Exhibit 26, #28 Exhibit 27, #29 Certificate of Service. (Barton, Thomas) (Modified) Modified on 5/16/2018 (Marziliano, August). |
| Filing 16 MEMORANDUM in Opposition re #10 MOTION to Certify FLSA Collective Action filed by Thomas C. Wolfe. (Marziliano, August) Modified on 5/16/2018 (Marziliano, August). |
| Filing 15 DECLARATION of Moede, re: MOTION to Decertify the Collective Action; filed by Urban Outfitters, Inc. W/Attachments: #1 Declaration of Moore, #2 Declaration of Morta, #3 Declaration of Munoz, #4 Declaration of Murphy, #5 Declaration of Niesen, #6 Declaration of Northrop, #7 Declaration of Norwich, #8 Declaration of Nowak, #9 Declaration of Ogle, #10 Declaration of Olsen, #11 Declaration of Zach Page, #12 Declaration of Palmer, #13 Declaration of Pease, #14 Declaration of Pena, #15 Declaration of Prow, #16 Declaration of Ramirez, #17 Declaration of Ramos, #18 Declaration of Ramsess, #19 Declaration of Reyes, #20 Declaration of Salgado, #21 Declaration of Samarin, #22 Declaration of Sandala, #23 Declaration of Maraley Santos, #24 Declaration of Chelsea Santos, #25 Declaration of Sauvain, #26 Declaration of Serrano, #27 Declaration of Shane, #28 Declaration of Showmaker, #29 Declaration of Sisco, #30 Declaration of Skinner, #31 Declaration of Smith, #32 Declaration of Sorrells, #33 Declaration of Stelly, #34 Declaration of Suffi, #35 Declaration of Tan, #36 Declaration of Tanko, #37 Declaration of Tapia, #38 Declaration of Terry, #39 Declaration of Thomas, #40 Declaration of Thomson, #41 Declaration of Viray, #42 Declaration of Votaw, #43 Declaration of Wagner, #44 Declaration of Weatherford, #45 Declaration of Welch, #46 Declaration of Adam Williams, #47 Declaration of Austin Williams, #48 Declaration of Tonnie Williams, #49 Declaration of Wright, #50 Declaration of Young, #51 Declaration of Zachry, #52 Declaration Zierke. (Barton, Thomas) (Modified) Modified on 5/16/2018 (Marziliano, August). |
| Filing 14 AFFIDAVIT/DECLARATION in Support re #10 MOTION to Certify FLSA Collective Action filed by Daniel Lawson, Thomas C. Wolfe. (Attachments: #1 Exhibit A-F, #2 Exhibit G-K, #3 Exhibit L-Q, #4 Exhibit R-V, #5 Exhibit W-Z, #6 Exhibit AA-BB, #7 Exhibit CC-DD, #8 Exhibit EE-FF) (Marziliano, August) |
| Filing 13 DECLARATION of Arianna Gonzalez re: MOTION to Decertify the Collective Action; filed by Urban Outfitters, Inc. W/Attachments: #1 Declaration of Tyler Gruen, #2 Declaration of Grygorczuk, #3 Declaration of Hale, #4 Declaration of Harman, #5 Declaration of Ashley Harris, #6 Declaration of Matt Harris, #7 Declaration of Donald Haynes, #8 Declaration of Hartlyn Haynes, #9 Declaration of Haywood, #10 Declaration of Helman, #11 Declaration of Hernandez, #12 Declaration of Hester, #13 Declaration of Hollander, #14 Declaration of Holloway, #15 Declaration of Hornaday, #16 Declaration of Huggins, #17 Declaration of Humphrey, #18 Declaration of Hunt, #19 Declaration of Hurst, #20 Declaration of Huston, #21 Declaration of Ippolito, #22 Declaration of Jackson, #23 Declaration of Johnston, #24 Declaration of Jess Jones, #25 Declaration of Elizabeth Jones, #26 Declaration of Juall, #27 Declaration of Kaczmarek, #28 Declaration of Kafer, #29 Declaration of Keider, #30 Declaration of Kelly, #31 Declaration of Kindschi, #32 Declaration of Knight, #33 Declaration of Koslowsky, #34 Declaration of Koumbis, #35 Declaration of Kramer, #36 Declaration of Kreevich, #37 Declaration of Kuchma, #38 Declaration of Lebon, #39 Declaration of Jenneth Lee, #40 Declaration Meagan Lee, #41 Declaration of LeGrand, #42 Declaration of Lenz, #43 Declaration of Lindberg, #44 Declaration of Lock, #45 Declaration of Lodato, #46 Declaration of Long, #47 Declaration of Lopez, #48 Declaration of Loughlin, #49 Declaration of Lucero, #50 Declaration of Madison, #51 Declaration of Magerl, #52 Declaration of Marks, #53 Declaration of McGowan, #54 Declaration of Mein, #55 Declaration of Misewicz. (Barton, Thomas) (Modified) Modified on 5/16/2018 (Marziliano, August). |
| Filing 11 DECLARATION of Abdou by Urban Outfitters, Inc. (Attachments: #1 Declaration of Admed, #2 Declaration of Alaniz, #3 Declaration of Alison, #4 Declaration of Allinger, #5 Declaration of Andrews, #6 Declaration of Arendt, #7 Declaration of Arkusauskas, #8 Declaration of Arlett, #9 Declaration of Barnaby, #10 Declaration of Barrington, #11 Declaration of Barton, #12 Declaration of Beierwaltes, #13 Declaration of Bernier, #14 Declaration of Botello, #15 Declaration of Bowers, #16 Declaration of Brisini, #17 Declaration of Broussard, #18 Declaration of Brower, #19 Declaration of Brown, #20 Declaration of Bueno, #21 Declaration of Burgess, #22 Declaration of Cambou, #23 Declaration of Cao, #24 Declaration of Carpentier, #25 Declaration of Casey, #26 Declaration of Cervantes, #27 Declaration of Chapman, #28 Declaration of Clarkin, #29 Declaration of Collins, #30 Declaration of Daly, #31 Declaration of Damron, #32 Declaration of Defilippo, #33 Declaration of Garennes, #34 Declaration of Egidio, #35 Declaration of Dirlam, #36 Declaration of Do, #37 Declaration of Dodson, #38 Declaration of Doyle, #39 Declaration of Eden, #40 Declaration of Everson, #41 Declaration of Evoy, #42 Declaration of Formo, #43 Declaration of Franks, #44 Declaration of Amy French, #45 Declaration of Anthony French, #46 Declaration of Fulfer, #47 Declaration of Fung, #48 Declaration of Gallagher, #49 Declaration of Gallvin, #50 Declaration of Garcia, #51 Declaration of Gerstler, #52 Declaration of Gilbertson, #53 Declaration of Abdiel Gonzalez, #54 Declaration of Cristal Gonzalez) (Marziliano, August) |
| Filing 10 MOTION to Certify FLSA Collective Action by Daniel Lawson, Thomas C. Wolfe. (Marziliano, August) |
| Filing 9 Notice of MOTION to Decertify the Collective Action by Urban Outfitters, Inc.. (Attachments: #1 Memorandum in Support, #2 Declaration of Jocelyn Stratter, #3 Declaration of William R. Horwitz, #4 Exhibit A-D to Declaratio of William R. Horwitz, #5 Exhibit E-H to Declaratio of William R. Horwitz, #6 Exhibit I-O to Declaratio of William R. Horwitz, #7 Exhibit P-DD to Declaratio of William R. Horwitz, #8 Index to Exhibits, #9 Certificate of Service) (Marziliano, August) Modified on 5/16/2018 (Marziliano, August). |
| Filing 22 REPLY in Support re Notice of MOTION to Certify FLSA Collective Actionfiled by Daniel Lawson, Jeffrey McEarchen, Thomas C. Wolfe. (Lesser, Seth) (Entered: 05/16/2018) |
| Filing 21 AFFIDAVIT/DECLARATION in Opposition re 242 Notice of MOTION to CertifyFLSA Collective Action Declaration of Melissa Berrian filed by Daniel Lawson,Jeffrey McEarchen, Thomas C. Wolfe. (Lesser, Seth) (Entered: 05/16/2018) |
| Filing 12 MEMORANDUM in Support re #10 Notice of MOTION to Certify FLSACollective Action filed by Daniel Lawson, Jeffrey McEarchen, Thomas C. Wolfe.(Lesser, Seth) (Marziliano, August) (Entered: 05/16/2018) |
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Filing 8
REPORT AND RECOMMENDATIONS re #2 Amended Complaint filed by Jeffrey McEarchen -- For the reasons set forth in the attached document, I respectfully recommend that the court dismiss the claims of opt-in plaintiffs Keith Ocampo, Andrea Conrad, Thomas Bower, Justin Klaas, Jaydee Devine, Laura Reed, Sarah Shelton, Christopher Saire, Tory Doyle, Michael Popplewell, Arista Ratchford, and Scott Shire without prejudice for failure to prosecute. I respectfully direct the plaintiffs' counsel to serve a copy of this Report and Recommendation on each opt in plaintiff and on the defendant by certified mail, and to file proof of service no later than January 29, 2016. Any objections to this Report and Recommendation must be filed no later than February 12, 2016. Failure to file objections within this period designating the parti cular issues to be reviewed waives the right to appeal the district court's order. SEE ATTACHED REPORT AND RECOMMENDATION. Ordered by Magistrate Judge James Orenstein on 1/26/2016. (Smerd, Jocelyn)
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Filing 7
REPORT AND RECOMMENDATIONS re #2 Amended Complaint filed by Jeffrey McEarchen: For the reasons set forth in the attached document, I respectfully recommend that the court dismiss the claims of opt-in plaintiffs Anthony Cuevas, Rusty Roberts, Joshua Reyes, Matthew Rogan, James Gordon, Alyson Fox, Rachel Page, and Kaylah Tischart without prejudice for failure to prosecute. I respectfully direct the represented plaintiffs' counsel to serve a copy of this Report and Recommendation on each opt-in plaintiff and on the defendant by certified mail, and to file proof of service no later than August 3, 2015. Any objections to this Report and Recommendation must be filed no later than August 17, 2015. Failure to file objections within this period designating the particular issues to be reviewed waives the right to appeal the district court's order. Ordered by Magistrate Judge James Orenstein on 7/29/2015. (Wentworth-Ping, Alex) (Entered: 05/16/2018)
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Filing 6
MEMORANDUM & ORDER: Urbans motion #5 is denied and the Order isaffirmed. See attached memorandum & order for details. Ordered by Judge FredericBlock on 9/24/2014. (Innelli, Michael) Modified on 5/16/2018 (Marziliano, August). (Entered: 05/16/2018)
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| Filing 5 MOTION to Set Aside by Urban Outfitters, Inc.. (Attachments: #1 Proposed Order, #2 Memorandum in Support of Motion to Set Aside, #3 Declaration of William R. Horwitz with Exhibits, #4 Letter Regarding Motion to Set Aside, #5 Memorandum in Opposition to Motion to Set Aside, #6 Declaration of Seth R. Lesser, #7 Exhibit A of Declaration of Seth R. Lesser, #8 Exhibit B of Declaration of Seth R. Lesser, #9 Exhibit C of Declaration of Seth R. Lesser, #10 Exhibit D of Declaration of Seth R. Lesser, #11 Letter Regarding Opposition, #12 Reply Memorandum of Urban Outfitters, #13 Letter Requesting Oral Argument, #14 Certificate of Service) (Marziliano, August) |
| Filing 4 Minute Entry for proceedings held before Magistrate Judge JamesOrenstein:Telephone Conference held on 5/7/2014. (1) I terminated as premature the plaintiffs' motion for a protective order. The parties will confer as to the most efficient method for conducting the depositions of non-local opt-in plaintiffs without requiring them to travel. (2) After discussing the issue with the parties, I concluded that the evidentiary record sufficiently demonstrates the existence of a collective of employees who are similarly situated relative to the plaintiffs' statutory claims to warrant the dissemination of a notice to potential opt-in plaintiffs. The decision is of course without prejudice to the defendant's right to ask the court to revisit the issue after discovery is completed. See, e.g., Gortat v. Capala Bros., Inc., 2010 WL 1423018, at *9 (E.D.N.Y. Apr. 9, 2010). (3) The parties will confer, and by May 21, 2014, will submit a proposed notice to potential opt-in plaintiffs as well as a proposed schedule for completing discovery and all other remaining pretrial matters. Upon reviewing the parties' submission, I will schedule further proceedings as appropriate. (Orenstein, James) (Marziliano, August) (Entered: 05/16/2018) |
| Filing 3 ANSWER to #2 Amended Complaint by Urban Outfitters, Inc.. (Marziliano, August) |
| Filing 2 AMENDED COMPLAINT against Urban Outfitters, Inc., filed by Daniel Lawson, Thomas C. Wolfe. (Marziliano, August) |
| Filing 1 COMPLAINT against Urban Outfitters, Inc., filed by Daniel Lawson, Thomas C. Wolfe. (Attachments: #1 Civil Cover Sheet) (Marziliano, August) |
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