Varela et al v. North Shore-Long Island Jewish Health System et al
| Gregg Lambdin and Gloria Varela |
| Joseph Cabral, Michael J. Dowling, Forest Hills Hospital, Franklin Hospital, Glen Cove Hospital-The Mildred and Frank Feinberg Campus, Huntington Hospital, Long Island Jewish Medical Center, North Shore University Hospital, North Shore-Long Island Jewish Health Care, Inc., North Shore-Long Island Jewish Health System, North Shore-Long Island Jewish Medical Care Centers, Inc., Plainview Hospital, Schneider Children's Hospital, Southside Hospital, Staten Island University Hospital and Syosset Hospital |
| 2:2010cv01341 |
| March 24, 2010 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Joseph F. Bianco |
| E. Thomas Boyle |
| Labor: Fair Standards |
| 29 U.S.C. ยง 201 Fair Labor Standards Act |
| Plaintiff |
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Filing
445
MEMORANDUM AND ORDER: For the reasons stated in the attached: Defendants' motion to decertify Plaintiffs' conditionally certified class (Dkt. 388) is GRANTED; Plaintiffs' motion for Rule 23 and FLSA final certification (Dkt. 39 2) is DENIED; Plaintiffs' motion to strike the expert report of Dr. Joseph Krock (Dkt. 389) is DENIED; Defendants' motion to strike the Rule 23 Affirmation of Sarah E. Cressman (Dkt. 390) is DENIED as moot; and Defendants' motion for s anctions (Dkt. 391) against Plaintiffs and their counsel is DENIED. Accordingly, the class is decertified, the claims of the opt-in plaintiffs are dismissed without prejudice, and the named Plaintiffs have the option of pursuing their claims on individual bases. The parties shall meet and confer and submit a joint letter to the Court by July 1, 2014 as to how the parties plan to proceed. Ordered by Judge Pamela K. Chen on 6/5/2014. (Galeotti, Matthew)
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Filing
334
ORDER re 331 Letter,, filed by Long Island Jewish Hospital, Franklin Hospital, Zucker Hillside Hospital, Glen Cove Hospital, Huntington Hospital Association, North Shore-Long Island Jewish Health Care, Inc., Michael J. Dowling, For est Hills Hospital, Southside Hospital, North Shore-Long Island Jewish Health System 403B Plan, Schneider Children's Hospital, Long Island Jewish Medical Center, North Shore-Long Island Jewish Health System, Inc., Plainview Hospital, Syosset Hospital, North Shore University Hospital, Joseph Cabral, Staten Island University Hospital: I have reviewed the National Database of Nursing Quality Indicators (NDQI) Exhibits A-G submitted for in camera review. These documents meet the relevancy test under Rule 26(b) and are germane to claims and/or defenses in this action. See Fed. R. Civ. P. 26(b). Accordingly, these documents shall be produced within five (5) days to the plaintiffs in toto subject to the terms of the conf identiality order issued today in this action. In addition, an officer or director of North Shore-Long Island Jewish Health System, within fourteen (14) days, shall provide an affidavit attesting to the diligence of a search for similar NDQI surveys relating to other party defendants remaining in this action. Any such other surveys shall be produced within fourteen (14) days in addition to the affidavit noted above. SEE Order for further information. So Ordered by Magistrate Judge E. Thomas Boyle on 4/24/2013. (Suarez, Stephanie)
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Filing
210
ORDER granting in part and denying in part 168 Motion to Dismiss. For the reasons set forth in the attached Memorandum and Order, IT IS HEREBY ORDERED that the defendants' motion to dismiss is granted in part and denied in part. Specificall y, plaintiffs' RICO and ERISA causes of action are dismissed with prejudice. Plaintiffs' state law claims are also dismissed with prejudice. Defendants' motion to dismiss on the grounds of LMRA preemption is denied at this juncture without prejudice. SO ORDERED. Ordered by Judge Joseph F. Bianco on 3/7/2012. (O'Neil, Jacquelyn)
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Filing
156
ORDER granting in part and denying in part 98 Motion to Dismiss; denying as moot 99 Motion to Certify Class; granting in part and denying in part 145 Motion to Dismiss. For the reasons set forth in the attached Memorandum and Order, defendants ' motion to dismiss is granted in part and denied in part. Specifically, plaintiffs' FLSA claims -- construed only as claims regarding overtime and not as claims regarding "straight time" or "gap time" pay -- are dismis sed without prejudice for failure to state a claim. Likewise, plaintiffs' NYLL claim is dismissed without prejudice for failure to state a claim. Plaintiffs' RICO cause of action is denied with prejudice to the extent that this claim is b ased upon defendants' failure to pay plaintiffs overtime, and thus is duplicative of plaintiffs' FLSA claim. However, to the extent that the RICO cause of action is based upon defendants' alleged failure to pay plaintiff for "str aight time" wages, this claim is not preempted by the FLSA. Nevertheless, this remaining RICO cause of action is dismissed without prejudice for failure to state a claim. As to plaintiffs' state common law claims, these claims are dismiss ed with prejudice as preempted by the FLSA to the extent that they seek overtime wages and thus are duplicative of the FLSA claim. The surviving common law claims are construed as seeking only unpaid "straight time" pay. However, plaintif fs' breach of implied oral contract, breach of express oral contract, breach of implied covenant of good faith and fair dealing, quantum meruit, fraud, and negligent misrepresentation claims are dismissed without prejudice for failure to state a claim. Plaintiffs' estoppel claim is dismissed because, as pled by plaintiffs, "estoppel" is not a distinct cause of action but instead is an equitable bar to defendants' assertion of a statute of limitations defense. Plaintiff s, however, may assert equitable estoppel at an appropriate point in the litigation, should defendants choose to assert a statute of limitations defense. Regarding plaintiffs' ERISA claims, the claim for failure to keep accurate records is dism issed without prejudice for failure to plead exhaustion of administrative remedies. As to the breach of fiduciary duty claim, the Court is denying defendants' motion to dismiss this claim, but will allow defendants to renew this motion after th e parties have conducted limited discovery on the issue of how benefits are determined under the controlling ERISA plans. Defendants' motion to dismiss on the grounds of LMRA preemption is also denied at this juncture without prejudice. Finall y, plaintiffs' motion for expedited notice is denied without prejudice to renewal at a later date, if plaintiffs choose to re-plead their FLSA claims and are able to sufficiently plead a cause of action. Ordered by Judge Joseph F. Bianco on 3/16/2011. (Graves, Kelly)
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