Gurrieri et al v. County Of Nassau et al
| Edward Donoghue, Ronald Gurrieri, Lawrence Loiselle, Diane McCauley and Mary Tedesco |
| County Of Nassau, Nassau County Civil Service Commission and Nassau County Police Department |
| 2:2016cv06983 |
| December 19, 2016 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Steven I. Locke |
| Arthur D. Spatt |
| Labor: Fair Standards |
| 29 U.S.C. ยง 201 Fair Labor Standards Act |
| Plaintiff |
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Filing
75
ORDER granting in part and denying in part DEs 8 , 73 Motion to Certify FLSA Collective Action. For the reasons set forth in the attached Memorandum and Order, the Court grants in part and denies in part Plaintiffs' motion to proceed as a collective action and to facilitate notice under 29 U.S.C. § 216(b), as detailed therein. Ordered by Magistrate Judge Steven I. Locke on 5/23/2019. (Kantor, Jesse)
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Filing
69
MEMORANDUM OF DECISION & ORDER: For the foregoing reasons, the Court denies the 27 motion for reconsideration, the 47 motion to dismiss, the 50 motion for sanctions, and the 60 motion to strike, all in their entirety. SEE ATTACHED DECISION for details. It is SO ORDERED by Judge Arthur D. Spatt on 12/14/2018. (Coleman, Laurie)
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Filing
25
MEMORANDUM OF DECISION & ORDER - The Plaintiffs' 20 motion to amend is granted in part and denied in part. The Defendants' 9 partial motion to dismiss is granted in its entirety. The Plaintiffs' motion to amend is granted to the ex tent that they may add the facts regarding Ambulance Medical Technician Coordinators on Duty Chart 7; that Plaintiffs worked 48-hour weeks numerous times per year; and that other departments' overtime rates are not calculated correctly. The Pla intiffs motion to amend is denied without prejudice to the extent that they seek to add facts concerning their service of notices of claim on the Defendants. As discussed above, because the notices were filed late, that amendment would be futile. The Plaintiffs claims' against the NCPD and the NCCSC are dismissed, and the Clerk of the Court is respectfully directed to terminate them as parties. The Plaintiffs' overtime claims will be limited to those weeks where they worked more t han 40 hours, not owing to a mutual or shift swap. The Plaintiffs' NYLL claims are dismissed without prejudice with leave to refile upon obtaining an order from a New York State court of competent jurisdiction stating that the late notices of cl aim were proper. At this time, only the Plaintiffs' FLSA overtime claims remain against Nassau County, for those weeks when they worked more than 40 hours not due to mutual or shift swaps. The Plaintiffs are directed to notify this Court within fourteen days of the entry of this order whether they intend to obtain relief as to their NYLL claims in the New York State courts. In the event that the Plaintiffs express their intent to seek such relief, the matter will be stayed for a reasonable period of time pending the decision of the state court. Nassau County Civil Service Commission and Nassau County Police Department terminated. SEE ATTACHED DECISION for details. So Ordered by Judge Arthur D. Spatt on 8/9/2017. (Coleman, Laurie)
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