DeBoissiere v. American Modification Agency et al
| Maricela DeBoissiere |
| American Modification Agency, Amerimod, Inc. and Salvatore Pane, Jr. |
| 2:2009cv02316 |
| June 1, 2009 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Suffolk |
| Michael L. Orenstein |
| Joanna Seybert |
| Plaintiff |
| 28 U.S.C. ยง 1331 Fed. Question: Fair Labor Standards |
| Plaintiff |
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Filing
38
MEMORANDUM AND ORDER denying 32 Motion to Certify Class. Plaintiffs moved to certify their New York state law claims under FED. R. CIV. P. 23, but, on May 5, 2010, the Court denied Plaintiffs' class certification motion. Plaintiffs have now moved again for class certification. Defendants have filed no opposition papers and, in fact, have yet to answer Plaintiffs' Complaint or otherwise appear in this case. Nevertheless, the Court must sua sponte inquire if Plaintiffs have met their class certification burden. Having done so, the Court DENIES Plaintiffs' renewed class certification motion. For the reasons set forth herein, Plaintiffs' motion to certify a New York state law class action under Rule 23 is DENIED. So Ordered by Judge Joanna Seybert on 10/22/10. C/ECF (Valle, Christine)
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Filing
31
MEMORANDUM AND ORDER denying 23 Motion to Certify Class. Plaintiffs' motion to certify a New York state law class action under Rule 23 is DENIED WITHOUT PREJUDICE. Plaintiffs have leave to re-file their motion to adduce evidence concerning the adequacy of representation factor. So Ordered by Judge Joanna Seybert on 5/5/10. C/ECF (Valle, Christine)
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