Boice v. M+W U.S., Inc. et al
||Vincent E. Boice
||M+W U.S., Inc., Total Facility Solutions, Inc. and M+W Zander NY Architects, P.C.
||April 30, 2014
||US District Court for the Northern District of New York
||Christian F. Hummel
||Glenn T. Suddaby
|Nature of Suit:
||Fair Labor Standards Act
|Cause of Action:
||29 U.S.C. § 201
|Jury Demanded By:
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|September 27, 2016
DECISION AND ORDER accepting and adopting # 69 Magistrate Judge Hummel's Report and Recommendation in its entirety; and granting # 60 Plaintiff's renewed motion to conditionally certify as a collective action pursuant to FLSA 216(b). Plai ntiff's proposed notice and consent form (Notice) is accepted with Magistrate Judge Hummel's modifications; and the period of time permitted in the Notice is three years within the date of Plaintiff's filing his original Complaint (i.e ., April 30, 2014). Plaintiff's renewed motion for equitable tolling (Dkt. No. 60 , Attach. 1, at 11; Dkt. No. 56 ) is granted insofar as the statue of limitations is tolled from December 2, 2015the date on which Plaintiff filed his renewed m otion to certifyto the date of entry of this Decision and Order. It is further ORDERED that Defendants shall do the following: (1) provide Plaintiff with the phone numbers, if within their possession, of the thirty-three (33) potential plaintiffs who m Plaintiff has described as having "undeliverable" addresses, within FOURTEEN (14) DAYS of the date of this Decision and Order; and (2) review their records to ascertain whether there are any additional current or former designers who fall within the proposed class beyond the three hundred seven (307) names already provided to Plaintiff, and, if such review reveals additional persons, provide Plaintiff with the names, addresses, and phone numbers within FOURTEEN (14) DAYS of the date of this Decision and Order, and, if such search reveals no additional names, make such a representation to Plaintiff in writing within FOURTEEN (14) DAYS of the date of this Decision and Order. Signed by Chief Judge Glenn T. Suddaby on 9/27/16. (lmw)
|September 11, 2015
DECISION AND ORDER accepting and adopting # 44 Magistrate Judge Hummel's Report-Recommendation in its entirety; denying # 40 Defendants' motion to strike the de Oliveria declaration; denying # 34 Plaintiff's motion to certify class without prejudice and with leave to renew if and when the completion of additional limited discovery yields facts and evidence that render such certification appropriate; granting in part and denying in part # 29 Plaintiff's motion to compel di scovery such that Defendants shall turn over to Plaintiff, within THIRTY (30) DAYS of the date of this Decision and Order, a computer-readable data file of the full names and last-known addresses of all structural, architectural, mechanical, and elec trical designers employed by Defendants at all of its locations in the three (3) years before the date of this Decision and Order; and denying the remainder of Plaintiff's motion to compel. The discovery period is reopened and the discovery dead line is extended an additional NINETY (90) DAYS from the date of this Decision and Order; and following the completion of discovery, Magistrate Judge Hummel shall re-set the dispositive motion deadline in this action. Signed by Chief Judge Glenn T. Suddaby on 9/11/15. (lmw)
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