Ricks v. Long Island Health Network, Inc. et al
Daisy Ricks |
Brookhaven Memorial Hospital Medical Center, Catholic Health Services of Long Island, Brian Currie, Good Samaritan Hospital Medical Center, Terry Hargadon, John T. Mather Memorial Hospital, Long Island Health Network, Inc., Kathleen Masiulis, Mercy Medical Center, New Island Hospital, South Nassau Communities Hospital, St. Catherine of Siena Medical Center, St. Charles Hospital, St. Francis Hospital and Winthrop-University Hospital |
2:2010cv01326 |
March 24, 2010 |
US District Court for the Eastern District of New York |
Central Islip Office |
Joseph F. Bianco |
Michael L. Orenstein |
Labor: Fair Standards |
29 U.S.C. ยง 201 Fair Labor Standards Act |
Plaintiff |
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Filing 224 MEMORANDUM & ORDER - Presently before the Court is the mandate of the Second Circuit affirming in part and vacating and remanding in part this Court's prior orders dismissing Plaintiffs' Second and Fourth Amended Complaints. This Order i s in response to the Circuit's mandate. For the foregoing reasons, Plaintiffs' NYLL gap-time claims against Defendants CHS, Mercy Medical Center, New Island Hospital a/k/a St. Joseph Hospital, St. Catherine of Siena Medical Center, St. Charles Hospital and Rehabilitation Center, St. Francis Hospital, Our Lady of Consolation Geriatric Care Center, Nursing Sisters Home Care d/b/a Catholic Home Care, and James Harden are again DISMISSED WITH PREJUDICE. The Clerk of the Court is directed to terminate the letter motion at Docket Entry 222 as MOOT and to mark this matter CLOSED. So Ordered by Judge Joanna Seybert on 3/29/2013. C/ECF (Valle, Christine) |
Filing 182 MEMORANDUM AND ORDER - Within seven (7) days from this Order, Plaintiffs are directed to file a more definite statement consistent with this Order. Within fourteen (14) days from this Order, Plaintiffs and Defendants may submit simultaneous supplemental briefs addressing the As Applied Theory, and any new allegations contained in the more definite statement. This supplemental briefing should not exceed twenty (20) pages. So Ordered by Judge Joanna Seybert on 5/5/2011. C/ECF (Valle, Christine) |
Filing 164 MEMORANDUM ORDER denying as moot 112 Motion to Certify Class; denying as moot 117 Motion to Expedite; granting 126 Motion to Dismiss. Plaintiffs' FLSA claims are DISMISSED. The FLSA claims predicated on an overtime theory are DISMISSED WI THOUT PREJUDICE. The FLSA claims predicated on a gap time theory are DISMISSED WITH PREJUDICE. The RICO claims are DISMISSED WITH PREJUDICE. All remaining claims are DISMISSED WITHOUT PREJUDICE. The Court GRANTS Plaintiffs' request for leave to file a Third Amended Complaint. Plaintiffs have thirty (30) days to file such a Third Amended Complaint. However, as of now, all claims are DISMISSED. Thus, all pending motions [see Docket Nos. 112, 117] are DENIED AS MOOT. If Plaintiffs fail to file a Third Amended Complaint within thirty (30) days, the Clerk of the Court is directed to mark this matter as CLOSED. So Ordered by Judge Joanna Seybert on 12/30/2010. C/ECF (Valle, Christine) |
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