| February 28, 2019 |
Filing
256
ORDER GRANTING 255 MOTION FOR FINAL APPROVAL OF CLASS AND COLLECTIVE ACTION SETTLEMENT. Signed by Senior Judge Thomas J. McAvoy on 2/28/2019. (jdp, )
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| January 9, 2017 |
Filing
223
DECISION AND ORDER: Adopting the # 216 REPORT AND RECOMMENDATIONS, and granting in part and denying in part the # 212 Letter Request, as follows: The motion is GRANTED and all claims are dismissed with respect to the following Plaintiffs: Amand a Blesinger, Mary A. Brooks, Teresa Congiusti, Rachel Cortesi, Davetta Darity, Joana E. Gleason, Jessica Hagerty, Catherine (Hagery) Perez, Angela Harrington (Krezmer), Nicole Jerard, Robyn King, Joseph M. Marino, Stacey L. McLeer, Elena J. Morales, Anthony J. Pacheco, Jill Scalzo, Meghan K. Smith, Meghan A. Tuma (Zafuto), Tara A. Werner, and Jonathan M. Williams. The motion is DENIED with respect to the claims of: Amy Barber, Lisa Cook, and Amanda Resue. Signed by Senior Judge Thomas J. McAvoy on January 9, 2017. (rep)
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| March 29, 2013 |
Filing
114
DECISION & ORDER -- The Court severs that much of 111 , Defendants objections, as constitutes a FRCP 72(a) appeal from that portion of Magistrate Judges Peebles 3/5/13, 109 R&R and Order, that ruled on certifying a FLSA collective action. The Co urt Clerk is directed to re-file a complete copy of 111 Defendants Objections, and caption the new filing as an appeal from that portion of Magistrate Judge Peebles 3/5/13 109 R&R and Order, that ruled on Plaintiffs 91 Motion for Certification of a FLSA collective action. The Clerk shall place the matter on the next available motion calendar consistent with the Local Rules motion filing requirements, and a response, if desired by Plaintiffs, can be filed in accordance with the Local Rules. The appeal will be treated as if filed on 3/22/13. For statistical purposes, the Clerk shall treat that portion 91 of Magistrate Judge Peebles 3/5/13, 109 R&R and Order that ruled on Plaintiffs 91 motion for FLSA collective action certificatio n, as decided, and shall begin a new statistical tracking period for Defendants appeal from this portion of Magistrate Judge Peebles 3/5/13 R&R and Order. The Court adopts in part and modifies in part the findings and recommendations made by Magistr ate Judge Peebles in his 3/5/13, 109 R&R and Order. That much of 91 Plaintiffs Motion to Certify Class, seeking FRCP 23 class action certification of the New York State Labor Law claims is DENIED in its entirety. Signed by Senior Judge Thomas J. McAvoy on 3/29/13. (mnm)
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| August 24, 2012 |
Filing
98
DECISION AND ORDER granting in part and denying in part Defts' 66 Motion for Partial Summary Judgment. The motion is granted inasmuch as the claims, as stated, are dismissed. The motion is denied in all other respects. Signed by Senior Judge Thomas J. McAvoy on 8/24/12. (sfp, )
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| June 13, 2012 |
Filing
75
DECISION AND ORDER adopting 67 Report and Recommendations. Ordered that the claims brought by pltf's Arnold, Bailey, Major, Manderville, Montouri, Ellison, McCellan, Novobilski, Turner, S. Konop, and R. Konop are dismissed. Ordered that within 21 days of the date of this order pltf's Longo, Roach, Titchen, Capra, Mariani, Hill, McBride, and Sukup serve upon defts' counsel verifications to accompany their responses to defts' first set of interrogatories. Ordered that the pa rties confer and mutually agree upon the taking of depositions of up to 6 of the remaining pltfs in this action, at mutually convenient dates, times, and locations within 30 days of the date of this order. If these pltfs fail to respond, their claims will be dismissed. Signed by Senior Judge Thomas J. McAvoy on 6/13/12. (sfp, )
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| March 3, 2011 |
Filing
37
DECISION AND ORDER adopting 36 Report and Recommendations. Granting in part and denying in part 13 Motion to Certify Class. Parties are to negotiate and submit to the Court by 4/2/11, either a form collective action notice acceptable to both parties, or, alternatively, counter-proposed language for inclusion in such a notice. Signed by Senior Judge Thomas J. McAvoy on 3/3/11. (sfp, )
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