Church et al v. St. Mary's Healthcare
| Tina Bagley, Anne Mancini Church, Hollie M. King, Tina M. Novak, Kenneth Varriale and Church |
| St. Mary's Healthcare |
| 6:2011cv01198 |
| October 6, 2011 |
| US District Court for the Northern District of New York |
| Utica Office |
| Fulton |
| Andrew T Baxter |
| Brenda K Sannes |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Fair Labor Standards Act |
| Plaintiff |
Docket Report
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Filing 98
MEMORANDUM-DECISION AND ORDER: It is ORDERED that plaintiffs' #73 motion for conditional certification is GRANTED. It is further ORDERED that plaintiffs' request for equitable tolling, excluding from the statute of limitations applicable to the opt-in plaintiffs the time between the filing of the motion for conditional certification (February 14, 2014) and the Court's decision, is DENIED. It is further ORDERED that Notice of Collective Action Lawsuit shall: be directed to those registered nurses, licensed practical nurses, patient care technicians, and unit coordinators who worked in St. Mary's emergency department during the three years preceding February 14, 2014; and contain no reference to New York State Law. It is further ORDERED that the parties are directed to confer concerning the Notice of Collective Action Lawsuit and within fourteen days of the date of this Memorandum-Decision and Order, submit a mutually acceptable notice for review by and endorsement as an order of the Court. It is further ORDERED that in the event that the parties are not able to agree on the proposed notice, the parties shall submit a single letter to the Court setting forth the portion of the notice on which they have agreed and their respective positions, with applicable caselaw, regarding any disagreement. It is further ORDERED that defendant is directed to provide to plaintiffs' counsel, within ten days, a list, in electronic form, of the names, addresses, email addresses, and dates of employment for all potential opt-in plaintiffs for the three-year period preceding February 14, 2014, the date plaintiffs filed the motion for conditional certification and equitable tolling. It is further ORDERED that potential opt-in plaintiffs must file their consent to join suit within sixty days of the parties agreement to a collective action notice, or within seventy-four days of the date of this memorandum-decision and order, whichever is sooner. Signed by Judge Brenda K. Sannes on 3/27/2015. (nmk)
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Filing 97
ORDER REASSIGNING CASE. Case reassigned to Judge Brenda K. Sannes for all further proceedings. Senior Judge Norman A. Mordue no longer assigned to case. Signed by Chief Judge Gary L. Sharpe on 12/30/14. (rjb, )
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| Filing 96 REPLY to Response to Motion re #90 MOTION for Summary Judgment , #92 Cross MOTION for Summary Judgment filed by St. Mary's Healthcare. (Attachments: #1 Response to Plaintiffs' Statement of Material Facts, #2 Certificate of Service)(Orbach, Louis) |
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Filing 95
TEXT ORDER granting the #94 Letter Motion from Louis Orbach, Esq. for St. Mary's Healthcare requesting a one-week extension to file reply/opposition papers to the #90 MOTION for Summary Judgment and #92 Cross MOTION for Summary Judgment . The Reply/Response to Motions is due by 11/3/2014. No further reply in further support of the cross-motion is permitted pursuant to Local Rule 7.1(c). The Motions are on submit. No appearance. A courtesy copy of the motions shall be sent to chambers. Endorsed by Senior Judge Norman A. Mordue on 10/27/14. (jlr, )
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| Filing 94 Letter Request / Letter Motion from Louis Orbach, Esq. for St. Mary's Healthcare requesting a one-week extension to file reply/opposition papers submitted to Judge Norman A. Mordue . (Orbach, Louis) |
| Filing 93 CERTIFICATE OF SERVICE by Tina Bagley, Anne Mancini Church, Hollie M. King, Tina M. Novak, Kenneth Varriale re #92 Cross MOTION for Summary Judgment (Burger, Sarah) |
| Filing 92 Cross MOTION for Summary Judgment Motion Hearing set for 11/5/2014 10:00 AM in Syracuse before Senior Judge Norman A. Mordue Response to Motion due by 10/20/2014 Reply to Response to Motion due by 10/27/2014. filed by Tina Bagley, Anne Mancini Church, Hollie M. King, Tina M. Novak, Kenneth Varriale. (Attachments: #1 Memorandum of Law, #2 Affidavit, #3 Statement of Material Facts, #4 Exhibit(s), #5 Exhibit(s), #6 Exhibit(s), #7 Exhibit(s), #8 Exhibit(s), #9 Exhibit(s), #10 Exhibit(s), #11 Exhibit(s), #12 Exhibit(s), #13 Exhibit(s), #14 Exhibit(s), #15 Exhibit(s), #16 Exhibit(s), #17 Exhibit(s), #18 Exhibit(s)) (Burger, Sarah) |
| Filing 91 CERTIFICATE OF SERVICE by St. Mary's Healthcare re #90 MOTION for Summary Judgment (Defendant's) (Billok, Michael) |
| Filing 90 MOTION for Summary Judgment Motion Hearing set for 11/5/2014 10:00 AM in Syracuse before Senior Judge Norman A. Mordue Response to Motion due by 10/20/2014 Reply to Response to Motion due by 10/27/2014. filed by St. Mary's Healthcare. (Attachments: #1 Declaration of Michael Billok, #2 Exhibit(s) A - King Deposition Excerpts and Exhibits, #3 Exhibit(s) B - Varriale Deposition Excerpts and Exhibit, #4 Exhibit(s) C - Bagley Deposition Excerpts and Exhibit, #5 Exhibit(s) D - Novak Deposition Excerpts and Exhibits, #6 Exhibit(s) E - Olmstead Deposition Excerpts, #7 Exhibit(s) F - Church I Deposition Excerpts, #8 Exhibit(s) G - Quist Deposition Excerpts, #9 Exhibit(s) H - Church II Deposition Excerpts, #10 Declaration of Keith Waters, #11 Declaration of Patricia Green, #12 Exhibit(s) A - Portion of Employee Handbook, #13 Exhibit(s) B - Page of 2003 Nursing Department Personnel Policies, #14 Exhibit(s) C - 2007 Nursing Department Personnel Policies, #15 Exhibit(s) D - 2010 Nursing Department Personnel Policies, #16 Exhibit(s) E - No Meal Break Sheet, #17 Declaration of James DeGroff, #18 Exhibit(s) A - MOX, #19 Statement of Material Facts (Defendant's), #20 Memorandum of Law in Support of Defendant's Motion for Summary Judgment) (Billok, Michael) |
| Filing 89 NOTICE of Appearance by Robert F. Manfredo on behalf of St. Mary's Healthcare (Manfredo, Robert) |
| Filing 88 STIPULATED PROTECTIVE ORDER: Setting forth the terms and conditions on the exchange and disclosure of confidential materials in this matter. Signed by U.S. Magistrate Judge Andrew T. Baxter on 5/8/2014. (mae) |
| Filing 87 TEXT ORDER approving #85 stipulation: The deadline for the completion of phase I discovery is extended to 7/18/2014. Defendant's anticipated summary judgment motion may be filed on or before 9/18/2014. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 5/8/2014. (mae) |
| Filing 86 STIPULATION and Protective Order by St. Mary's Healthcare. (Billok, Michael) |
| Filing 85 STIPULATION & Order by Tina Bagley, Anne Mancini Church, Hollie M. King, Tina M. Novak, Kenneth Varriale submitted to Judge Andrew T. Baxter. (Burger, Sarah) |
| Filing 84 Reply MEMORANDUM OF LAW in Further Support of #73 Motion for Preliminary Certification & Equitable Tolling of the Statute of Limitations filed by Tina Bagley, Anne Mancini Church, Hollie M. King, Tina M. Novak, Kenneth Varriale. (Attachments: #1 Declaration Kenneth Varriale, #2 Declaration Hollie King, #3 Certificate of Service) (Burger, Sarah) |
| Filing 83 TEXT ORDER GRANTING IN PART AND DENYING IN PART #80 plaintiffs' motion to extend the deadline for their reply relating to their motion for preliminary certification under the Fair Labor Standards Act so that they may conduct depositions of certain declarants who supported defendant's response to the preliminary certification motion. For the reasons stated on the record during a stenographically-recorded conference conducted on 4/1/2014, plaintiffs' deadline to reply is extended to 4/11/2014 so that they may attempt to submit further declarations in reply to the declarations submitted in the defendant's opposition to the preliminary certification motion. However, the reply deadline will not be extended further to allow depositions of the defense declarants before the briefing on the preliminary certification motion is completed. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 4/1/2014. (mae) |
| Text Minute Entry for stenographically-recorded telephonic conference held before U.S. Magistrate Judge Andrew T. Baxter on 4/1/2014 re #80 plaintiffs' letter motion: Judge Baxter allows counsel to supplement their positions as set forth in their #80 and #81 letter briefs. Judge Baxter denies plaintiffs' #80 letter motion to extend the deadline for their reply relating to their motion for preliminary certification under the Fair Labor Standards Act so that they may conduct depositions of certain declarants who supported defendant's response to the preliminary certification motion. The reply deadline is reset to 4/11/2014. Appearances: Sarah J. Burger, Esq. and Brian W. Matula, Esq. for plaintiffs; and Louis Orbach, Esq. and Michael D. Billock, Esq. for defendant. (Court Reporter: Diane Martens) [Time: 11:00 a.m. - 11:20 a.m.] (mae) |
| Filing 82 TEXT ORDER: The deadline for plaintiffs to file a reply in support of their #73 Motion for Conditional Certification and Equitable Tolling of the Statute of Limitations is STAYED pending the 4/1/2014 telephonic conference. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 3/28/2014. (mae) |
| Filing 81 RESPONSE TO LETTER BRIEF filed by St. Mary's Healthcare as to #80 Letter Request/Motion filed by Hollie M. King, Anne Mancini Church, Tina Bagley, Tina M. Novak, Kenneth Varriale . (Billok, Michael) |
| Filing 80 Letter Motion from Sarah J. Burger, Esq. for Tina Bagley, Anne Mancini Church, Hollie M. King, Tina M. Novak, Kenneth Varriale requesting Extension to take Depositions submitted to Judge Baxter . (Burger, Sarah) |
| TEXT NOTICE of Hearing re #80 Letter Motion: A telephonic conference is set for 4/1/2014 at 11:00 a.m. before U.S. Magistrate Judge Andrew T. Baxter. Defense counsel is directed to initiate the call to chambers at 315-234-8600. (mae) |
| Filing 79 TEXT ORDER: Defense counsel has advised the court that, in light of an additional disclosure he received from plaintiffs' counsel, he no longer needs a conference with the court as requested at Dkt. No. #78 . The #78 letter motion is terminated as moot without prejudice to renewal at a later date. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 3/26/2014. (mae) |
| Filing 78 Letter Motion from Michael D. Billok, Esq. for St. Mary's Healthcare requesting Court conference submitted to Judge Andrew T. Baxter . (Billok, Michael) |
| Filing 77 CERTIFICATE OF SERVICE by St. Mary's Healthcare re #76 Affidavit in Opposition to Motion, (Memorandum of Law in Opposition) (Billok, Michael) |
| Filing 76 AFFIDAVIT in Opposition re #73 MOTION to Certify Class filed by St. Mary's Healthcare. (Attachments: #1 Declaration of Michael D. Billok, Esq., #2 Exhibit(s) A (to Billok Declaration) - Response to Defendant's First Set of Requests for Documents and Things, #3 Declaration of Linda Shufelt, #4 Declaration of Julie Becker, #5 Declaration of Jan Olmstead, #6 Declaration of Keith Waters)(Billok, Michael) |
| Filing 75 TEXT ORDER approving the #74 stipulation substituting counsel: Cooper Erving & Savage LLP is substituted as attorney of record in place and stead of Gleason, Dunn, Walsh & O'Shea for plaintiffs Hollie M. King, Anne Mancini Church, Tina Bagley, Tina M. Novak, and Kenneth Varriale. (Attorney Ronald G. Dunn terminated.) So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 2/27/2014. (mae) |
| Filing 74 STIPULATION substituting Sarah J. Burger, Esq. of Cooper Erving & Savage LLP as attorney of record in place and stead of Sarah J. Burger, Esq. of Gleason, Dunn, Walsh & O'Shea by Tina Bagley, Anne Mancini Church, Hollie M. King, Tina M. Novak, Kenneth Varriale submitted to Judge Andrew T. Baxter. (Burger, Sarah) |
| TEXT NOTICE re #73 Motion for Preliminary Certification and Equitable Tolling of the Statute of Limitations: This motion is returnable, on submission of the papers, before Senior District Court Judge Norman A. Mordue. Response to Motion is due by 3/14/2014. Reply to Response to Motion due by 3/28/2014. (mae) Modified on docket text 2/19/2014. (mae) |
| Filing 73 Motion for Preliminary Certification and Equitable Tolling of the Statute of Limitations: Motion Hearing set for 4/24/2014 10:00 AM in Syracuse before Judge Andrew T. Baxter. Response to Motion due by 4/7/2014 Reply to Response to Motion due by 4/14/2014. filed by Tina Bagley, Anne Mancini Church, Hollie M. King, Tina M. Novak, Kenneth Varriale. (Attachments: #1 Memorandum of Law In Support of Motion for Preliminary Certification and Equitable Tolling of the Statute if Limitations, #2 Appendix Case Appendix, #3 Affirmation Affirmation of Sarah J. Burger, Esq., #4 Exhibit(s) Exhibit AA1 - Second Amended Complaint with Exhibits, #5 Exhibit(s) Exhibit AA2, #6 Exhibit(s) Exhibit AA3, #7 Exhibit(s) Exhibit BB - Notice of Collective Action Lawsuit, #8 Exhibit(s) Consent to Join Lawsuit, #9 Declaration Declaration of Anne Mancini Church, #10 Certificate of Service) (Burger, Sarah) Modified on 2/14/2014 (mgh). |
| Filing 72 TEXT ORDER re: #69 Plaintiffs' Letter Motion, following a telephonic discovery conference on 1/24/2014: Attorney Burger is directed to file a formal stipulation with respect to the substitution of counsel, to which all named plaintiffs have now reportedly consented. The deadline for the completion of phase I discovery is extended to 5/16/2014. Defendant's anticipated summary judgment motion may be filed on or before 6/16/2014. The court confirms that no specific limits are set forth on the scope of phase I discovery; however the parties are directed to move forward, at a minimum, with discovery relevant to plaintiffs' anticipated motion for preliminary certification and defendant's anticipated summary judgment motion. The court ruled that defendant's document demands and noticed depositions of named plaintiffs, which may include questioning with respect to the merits of plaintiffs' claims, are appropriate during phase I discovery. Plaintiffs have agreed to respond to defendant's document demands in time for defendant to consider use of the disclosed documents in connection with its response to plaintiffs' conditional certification motion; but plaintiffs seek to delay their depositions until shortly after briefing on the conditional certification motion is completed. If the parties cannot agree on the timing of plaintiffs' depositions during phase I discovery, they will seek further guidance from the court. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 1/24/2014. (mae) |
| Text Minute Entry for telephonic discovery conference held before U.S. Magistrate Judge Andrew T. Baxter on 1/24/2014 re #69 letter: Judge Baxter allows counsel to further outline their respective positions concerning the proper scope of discovery at this stage. Judge Baxter affirms his prior ruling that there are no limits on phase I discovery. Discovery deadline is extended to 5/16/2014. Defendant's anticipated summary judgment motion may be filed on or before 6/16/2014. Plaintiffs' counsel is reminded that a stipulation should be filed concerning the change in counsel. Text order to be entered. Appearances: Sarah J. Burger, Esq. and Brian W. Matula, Esq. for pltfs; and Louis Orbach, Esq. and Michael D. Billock, Esq. for deft. Modified to correct appearances on 1/27/2014. (mae) |
| Filing 71 TEXT ORDER granting #69 Letter Request: Plaintiffs' motion for preliminary certification of a Fair Labor Standards Act ("FLSA") collective action and a motion seeking equitable tolling of the FLSA statute of limitations shall be filed by 2/14/2014 (defendant's response is due 3/14/2014 and plaintiffs' reply is due by 3/28/2014). Counsel for the plaintiffs are directed to file a stipulation concerning the substitution of counsel which complies with L.R. 83.2(b). A telephonic discovery conference is set for 1/24/2014 at 3:30 p.m. before U.S. Magistrate Judge Andrew T. Baxter. Counsel for the plaintiffs is directed to initiate the call to chambers at 315-234-8600. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 1/17/2014. (mae) |
| Filing 70 NOTICE of Appearance by Brian W. Matula on behalf of All Plaintiffs (Matula, Brian) |
| Filing 69 Letter Motion from Sarah J. Burger, Esq. for Tina Bagley, Anne Mancini Church, Hollie M. King, Tina M. Novak, Kenneth Varriale requesting Extension and Conference Call submitted to Judge Baxter . (Burger, Sarah) |
| Filing 68 TEXT ORDER denying defendant's #66 letter motion: Plaintiffs are granted leave to file a motion for preliminary certification of a Fair Labor Standards Act ("FLSA") collective action and a motion seeking equitable tolling of the FLSA statute of limitations. The deadline for the filing of such motions is 1/31/2014 (defendant's response is due 2/28/2014 and plaintiffs' reply is due by 3/17/2014). The parties are directed to exchange mandatory disclosures as to the named plaintiffs on or before 1/13/2014. Phase I discovery shall be completed by 4/30/2014. The deadline for defendant's summary judgment motion is 4/30/2014. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 12/2/2013. (mae) Modified on 12/2/2013 to assign a docket number. (mae) |
| Text Minute Entry for stenographically-recorded telephonic conference held before U.S. Magistrate Judge Andrew T. Baxter on 12/2/2013: Judge Baxter allows counsel to supplement their positions as set forth in their #66 and #67 letter briefs. Judge Baxter denies defendant's #66 letter motion and grants plaintiffs leave to file a motion for preliminary certification of a Fair Labor Standards Act ("FLSA") collective action and a motion seeking equitable tolling of the FLSA statute of limitations. A schedule is set forth as follows: mandatory disclosures are to be exchanged by 1/13/2014; plaintiff's motion may be filed by 1/31/2014; defendant's response is due 2/28/2014; and plaintiffs' reply is due by 3/17/2014; phase I discovery shall be completed by 4/30/2014 (no specific limits are set forth on what constitutes phase I discovery, however the parties are directed to move forward at a minimum, with discovery relevant to their anticipated motions); defendant's anticipated summary judgment motion may be filed by 4/30/2014. After a decision is issued on the anticipated motions, Judge Baxter will decide if this case is appropriate for placement into the Pilot Mandatory Mediation Program. Appearances: Sarah J. Burger, Esq. and Daniel Jacobs, Esq. for pltfs; and Louis Orbach, Esq. and Michael D. Billock, Esq. for deft. (Court Reporter: Jodi Hibbard) (mae) |
| Filing 67 LETTER BRIEF from Sarah J. Burger, Esq. for Tina Bagley, Anne Mancini Church, Hollie M. King, Tina M. Novak, Kenneth Varriale requesting permission to file a Motion for Preliminary Certification and Tolling of the Statute of Limitations submitted to Judge Andrew T. Baxter . (Burger, Sarah) Modified on 11/20/2013 (lah) |
| Filing 66 LETTER REQUEST regarding pretrial scheduling per the Court's text order of October 29, 2013 by St. Mary's Healthcare. (Orbach, Louis) Modified event type on 12/2/2013. (mae) |
| Filing 65 TEXT ORDER: A telephonic scheduling conference is set for 12/2/2013 at 2:00 p.m. before U.S. Magistrate Judge Andrew T. Baxter. Defense counsel is directed to initiate the call to chambers at 315-234-8600. Counsel are directed to submit a letter, jointly proposing a pretrial schedule in this matter, on or before 11/20/2013. So Ordered by U.S. Magistrate Judge Andrew T. Baxter on 10/29/2013. (mae) Modified on 10/29/2013 (mae) |
| Filing 64 ANSWER to #62 Amended Complaint, by St. Mary's Healthcare. (Attachments: #1 Certificate of Service)(Billok, Michael) |
| Set Deadlines: Answer to #62 second amended complaint is due 10/21/2013. (mae) |
| Filing 63 CERTIFICATE OF SERVICE by Tina Bagley, Anne Mancini Church, Hollie M. King, Tina M. Novak, Kenneth Varriale re #62 Amended Complaint, Second Amended Complaint (Burger, Sarah) |
| Filing 62 SECOND AMENDED COMPLAINT against St. Mary's Healthcare filed by Tina M. Novak, Hollie M. King, Anne Mancini Church, Kenneth Varriale, Tina Bagley. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Burger, Sarah) Modified docket text on 10/8/2013. (mae) |
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Filing 61
ORDER granting in part and denying in part the plaintiff's #41 Motion to Amend the Complaint. The Motion is denied to the extent plaintiffs seek to assert overtime claims under the NYLL for work performed as registered otherwise is granted in its entirety. Plaintiffs are directed to file the proposed second amended complaint without alteration, other than the deletion of all claims by plaintiff registered nurses under the NYLL, within seven (7) calendar days of the date of this order. Signed by Senior Judge Norman A. Mordue on 9/30/13. (jlr, )
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| Amended pleadings deadline set to 10/7/2013 per #61 order. (mae) |
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Filing 60
TEXT ORDER denying plaintiffs' telephonic request to submit a reply to defendant's letter brief response #59 to plaintiffs' letter brief #58 regarding a recent Second Circuit decision, Nakahata v. New York-Presbyterian Health Care System, 2013 WL 3743152 (2d Cir. Jul. 11, 2013). The Court is aware of the decision and will notify the parties if further submissions are required. by Senior Judge Norman A. Mordue on 8/13/13. (jlr)
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| Filing 59 LETTER BRIEF SUBMITTED IN RESPONSE TO PLAINTIFFS' LETTER BRIEF by St. Mary's Healthcare. (Billok, Michael) |
| Filing 58 LETTER BRIEF by Tina Bagley, Anne Mancini Church, Hollie M. King, Tina M. Novak, Kenneth Varriale. (Burger, Sarah) |
| Text Minute Entry for steongraphically-recorded telephonic conference held before U.S. Magistrate Judge Andrew T. Baxter on 4/16/2013 re plaintiff's #50 letter request: Counsel are given the opportunity to supplement their written arguments. Rulings made on the record. Order to be issued. Appearances: Sarah J. Burger, Esq. for pltfs; and Louis Orbach, Esq. for deft. (Court Reporter: Eileen McDonough) (mae) |
| Filing 57 TEXT ORDER granting in part and denying in part #50 Plaintiffs' Letter Request: Having considered the submissions of the parties (Dkt. Nos. 50-52, 54, 56) and the arguments of counsel during a stenographically-recorded conference on April 16, 2013, and for the reasons stated on the record during that conference, it is ORDERED that (1) plaintiffs' request for leave to file a motion for preliminary certification of a Fair Labor Standards Act ("FLSA") collective action is DENIED unless and until the plaintiffs are granted leave to file a Second Amended Complaint with FLSA claims; (2) plaintiffs' request for leave to file a motion seeking equitable tolling of the FLSA statute of limitations is GRANTED; however, any such motion will be held in abeyance and defendant will not be required to respond to that motion unless and until the plaintiffs are granted leave to file a Second Amended Complaint or unless defendant requests leave to respond to such motion. Signed by U.S. Magistrate Judge Andrew T. Baxter on 4/16/2013. (Baxter, Andrew) |
| TEXT NOTICE of Hearing re plaintiffs' #50 letter request to file a motion for preliminary certification under the FLSA and to equitably toll the statute of limitations. Telephonic hearing is set for 4/16/2013 at 3:00 p.m. before U.S. Magistrate Judge Andrew T. Baxter. Defense counsel is directed to initiate the call to chambers at 315-234-8600. (mae) |
| Filing 56 LETTER BRIEF Plaintiff's Response to Defendant's Letter Brief by Tina Bagley, Anne Mancini Church, Hollie M. King, Tina M. Novak, Kenneth Varriale. (Burger, Sarah) |
| Filing 55 CERTIFICATE OF SERVICE by St. Mary's Healthcare re #54 LETTER BRIEF (Billok, Michael) |
| Filing 54 LETTER BRIEF by St. Mary's Healthcare. (Billok, Michael) |
| Filing 53 TEXT ORDER re #50 Plaintiffs' Letter Request seeking leave to file a motion for preliminary certification under the FLSA and to equitably toll the statute of limitations: Defendants may file a responsive letter brief by 3/27/2013 and plaintiffs may file a reply by letter brief by 4/1/2013. Letter briefs shall not exceed 5 pages. Signed by U.S. Magistrate Judge Andrew T. Baxter on 3/21/2013. (Baxter, Andrew) |
| Text Minute Entry for telephonic conference held before U.S. Magistrate Judge Andrew T. Baxter on 3/21/2013: Discussion held regarding plaintiff's request to file a motion seeking preliminary certification of the FLSA Collective. Text order to be issued allowing additional briefing prior to the issuance of a decision. Appearances: Sarah J. Burger, Esq. for pltfs; and Louis Orbach, Esq. for deft. (mae) |
| Filing 52 RESPONSE TO LETTER BRIEF filed by Tina Bagley, Anne Mancini Church, Hollie M. King, Tina M. Novak, Kenneth Varriale as to #51 LETTER BRIEF filed by St. Mary's Healthcare Plaintiff's Response to Letter Brief. (Burger, Sarah) |
| Filing 51 LETTER BRIEF by St. Mary's Healthcare. (Attachments: #1 Appendix A - Lundy case)(Billok, Michael) |
| TEXT ORDER granting #50 letter request for a court conference. A telephonic conference regarding plaintiffs' intention to file a motion seeking preliminary certification of the FLSA Collective is set for 3/21/2013 at 2:00 p.m. before U.S. Magistrate Judge Andrew T. Baxter. Counsel for the plaintiffs is directed to initiate the call to chambers at 315-234-8600. SO ORDERED by U.S. Magistrate Judge Andrew T. Baxter on 2/27/2013. (mae) |
| Filing 50 Letter Request Letter Motion from Sarah J. Burger, Esq. for Tina Bagley, Anne Mancini Church, Hollie M. King, Tina M. Novak, Kenneth Varriale requesting Court Conference submitted to Judge Andrew T. Baxter . (Burger, Sarah) |
| Filing 49 CERTIFICATE OF SERVICE by Tina Bagley, Anne Mancini Church, Hollie M. King, Tina M. Novak, Kenneth Varriale re #48 Reply (Burger, Sarah) Modified on 12/21/2012 (dpk, ). |
| Filing 48 REPLY to #45 to RESPONSE re #41 MOTION to Amend/Correct #20 Amended Complaint, #1 Complaint, filed by Tina Bagley, Anne Mancini Church, Hollie M. King, Tina M. Novak, Kenneth Varriale. (Burger, Sarah) Modified on 12/21/2012 (dpk). |
| CLERK'S CORRECTION OF DOCKET ENTRY re #48 Reply. Filing user incorrectly filed the Reply as a Response in Opposition. Docket text has been edited to reflect that the filing is a Reply. (dpk) |
| Filing 47 CERTIFICATE OF SERVICE by St. Mary's Healthcare re #46 Memorandum of Law, #45 Affidavit in Opposition to Motion,, (Billok, Michael) |
| Filing 46 MEMORANDUM OF LAW in Opposition to Plaintiff's Motion for Leave to Amend Complaint filed by St. Mary's Healthcare. (Attachments: #1 Appendix 1 - Unreported Cases, #2 Appendix 2 - Unreported Cases, #3 Appendix 3 - Unreported Cases)(Billok, Michael) |
| Filing 45 AFFIDAVIT in Opposition re #41 MOTION to Amend/Correct #20 Amended Complaint, #1 Complaint, filed by St. Mary's Healthcare. (Attachments: #1 Exhibit(s) A-1 - Time and Payroll Records, #2 Exhibit(s) A-2 - Time and Payroll Records, #3 Exhibit(s) A-3 - Time and Payroll Records, #4 Exhibit(s) A-4 - Time and Payroll Records, #5 Exhibit(s) A-5 - Time and Payroll Records, #6 Exhibit(s) B-1 - Time and Payroll Records, #7 Exhibit(s) B-2 - Time and Payroll Records, #8 Exhibit(s) B-3 - Time and Payroll Records) #9 Exhibit(s) C)(Billok, Michael). |
| CLERK'S CORRECTION OF DOCKET ENTRY. Deleted docket no. 48. Exhibit C to Michael Billok, Esq.'s opposition #45 . The exhibit C was attached by Clerk to Docket No. 45 pursuant to telephone conversation with law firm. (lah) |
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Filing 44
ORDER: approving the #43 Stipulation resetting the deadlines for the #41 MOTION to Amend/Correct the #20 Amended Complaint, #1 Complaint : resetting the deadlines as follows: Response to Motion reset to 12/3/2012. Reply to Response to Motion reset to 12/24/2012. Motion Hearing reset to 1/2/2013 on submit before Judge Norman A. Mordue. Signed by District Judge Norman A. Mordue. (jmb)
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| Filing 43 STIPULATION Extending Deadlines for Plaintiffs' Motion for Leave to Amend by St. Mary's Healthcare submitted to Judge Norman A. Mordue. (Billok, Michael) |
| Filing 42 CERTIFICATE OF SERVICE by Tina Bagley, Anne Mancini Church, Hollie M. King, Tina M. Novak, Kenneth Varriale re #41 MOTION to Amend/Correct #20 Amended Complaint, #1 Complaint, (Dunn, Ronald) |
| Filing 41 MOTION to Amend/Correct #20 Amended Complaint, #1 Complaint, Motion Hearing set for 12/5/2012 10:00 AM in Syracuse before Judge Norman A. Mordue Response to Motion due by 11/19/2012 filed by Tina Bagley, Anne Mancini Church, Hollie M. King, Tina M. Novak, Kenneth Varriale. (Attachments: #1 Affirmation of Sarah J. Burger, Esq., #2 Memorandum of Law in Support of Motion for Leave to File Amended Complaint, #3 Appendix of Unpublished Decisions, #4 Proposed Amended Pleading Proposed Second Amended Complaint, #5 Exhibit(s) A to Proposed Second Amended Complaint, #6 Exhibit(s) B to Proposed Second Amended Complaint, #7 Exhibit(s) C to Proposed Second Amended Complaint, #8 Exhibit(s) D to Proposed Second Amended Complaint, #9 Exhibit(s) E to Proposed Second Amended Complaint) (Dunn, Ronald) Removed MJ referral reference on 10/25/2012. (mae) |
| Filing 40 Letter Motion from Sarah J. Burger, Esq. for Tina Bagley, Anne Mancini Church, Hollie M. King, Tina M. Novak, Kenneth Varriale requesting Text Order submitted to Judge Mordue . (Burger, Sarah) |
| TEXT ORDER granting Plaintiffs' letter motion (Dkt. No. 40). (jml) |
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Filing 39
MEMORANDUM-DECISION & ORDER: It is ordered that the #26 Motion to Dismiss for Failure to State a Claim is GRANTED, the #32 Motion to Amend/Correct is DENIED, and the #36 Letter Request to file a second amended complaint is DENIED. It is further ordered that if plaintiff elects to move to file a second amended complaint, such motion shall be filed within 30 days of this Order. If plaintiff's do not move to file a second amended complaint within 30 days, this action will be DISMISSED without further order of the Court. Signed by Judge Norman A. Mordue on 9/25/2012. (jmb)
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| Filing 38 CERTIFICATE OF SERVICE by St. Mary's Healthcare re #37 RESPONSE TO LETTER BRIEF (Billok, Michael) |
| Filing 37 RESPONSE TO LETTER BRIEF filed by St. Mary's Healthcare as to #36 Letter Request/Motion filed by Hollie M. King, Anne Mancini Church, Tina Bagley, Tina M. Novak, Kenneth Varriale . (Billok, Michael) |
| Filing 36 Letter Motion from Sarah J. Burger, Esq. for Tina Bagley, Anne Mancini Church, Hollie M. King, Tina M. Novak, Kenneth Varriale requesting Permission to enlarge the record submitted to Judge Mordue . (Burger, Sarah) |
| Filing 35 CERTIFICATE OF SERVICE by St. Mary's Healthcare re #34 Reply to Response to Motion,, (Billok, Michael) |
| Filing 34 REPLY to Response to Motion re #32 Cross MOTION to Amend/Correct #20 Amended Complaint , #26 MOTION to Dismiss for Failure to State a Claim filed by St. Mary's Healthcare. (Attachments: #1 Memorandum of Law (Reply) in Support of Defendant's Motion to Dismiss, #2 Appendix 1 - Levine case, #3 Appendix 2 - Wolman case, #4 Appendix 3 - Lagos case, #5 Appendix 4 - Leone case, #6 Appendix 5 - Gantt case, #7 Appendix 6 - Allen case, #8 Appendix 7 - Dininny case)(Billok, Michael) |
| TEXT SCHEDULING NOTICE: the Response/Reply to the #32 Cross Motion to Amend/Correct the #20 Amended Complaint is set for 4/9/2012 as directed in the 3/1/2012 Text Notice. This motion is taken on submission of the papers as well as the #26 Motion to Dismiss and is returnable before Judge Norman A. Mordue. (jmb) |
| Filing 33 CERTIFICATE OF SERVICE by Tina Bagley, Anne Mancini Church, Hollie M. King, Tina M. Novak, Kenneth Varriale re #32 Cross MOTION to Amend/Correct #20 Amended Complaint (Dunn, Ronald) |
| Filing 32 Cross MOTION to Amend/Correct #20 Amended Complaint Motion Hearing set for 4/18/2012 10:00 AM in Syracuse before Judge Norman A. Mordue Response to Motion due by 4/2/2012 filed by Tina Bagley, Anne Mancini Church, Hollie M. King, Tina M. Novak, Kenneth Varriale. (Attachments: #1 Affirmation in Support of Cross-Motion and in Opposition to Motion to Dismiss, #2 Memorandum of Law in Support of Cross-Motion and in Opposition to Motion to Dismiss, #3 Appendix to Memorandum of Law of Unpublished Cases) Motions referred to Andrew T. Baxter. (Dunn, Ronald) |
| TEXT NOTICE of Hearing on Motion - Pursuant to the agreement of the parties, the Response to the #26 MOTION to Dismiss for Failure to State a Claim is due by 3/23/2012. The reply to Response to Motion is due by 4/9/2012. (jlr) |
| Filing 31 STIPULATION (Resetting Motion Deadlines) by St. Mary's Healthcare submitted to Judge Norman A. Mordue. (Billok, Michael) |
| TEXT NOTICE of Hearing on Motion - Pursuant to Local Rule 7.1(j), and the request (Dkt. No. 30) to extend the deadlines, the #26 MOTION to Dismiss for Failure to State a Claim is returnable on 4/18/2012 before Judge Norman A. Mordue. The Response to Motion is due by 4/2/2012. Reply to Response to Motion due by 4/9/2012. The motion is on submit. No appearances. (jlr) |
| Filing 30 STIPULATION Proposed Stipulation & Order by Tina Bagley, Anne Mancini Church, Hollie M. King, Tina M. Novak, Kenneth Varriale submitted to Judge Andrew T. Baxter. (Burger, Sarah) |
| TEXT Minute Entry for proceedings held before U.S. Magistrate Judge Andrew T. Baxter: Telephone Conference held on 2/22/2012. APPEARANCES: Sarah J. Burger, Esq. & Ronald Dunn, Esq. for Plaintiffs; Louis Orbach, Esq. & Jonathan Rabin, Esq. for Deft. Text order entered. (kmg) |
| Filing 29 NOTICE of Appearance by Ronald G. Dunn on behalf of All Plaintiffs (Dunn, Ronald) |
| TEXT ORDER: In light of the pendency of defendant's motion to dismiss #26 , the court will not enter a scheduling order. During the pendency of the motion, the parties are given leave to conduct limited written discovery, the contours of which were discussed during the telephonic conference on 2/22/2012. If conflicts develop regarding the appropriate scope of the limited discovery pending resolution of the motion to dismiss, the parties should request a further conference with this court. Signed by US Magistrate Judge Andrew T. Baxter on 2/22/2012. (Baxter, Andrew) |
| Filing 28 NOTICE by Tina M. Novak Consent to Sue Under FLSA (Burger, Sarah) |
| Filing 27 CERTIFICATE OF SERVICE by St. Mary's Healthcare re #26 MOTION to Dismiss for Failure to State a Claim (Billok, Michael) |
| Filing 26 MOTION to Dismiss for Failure to State a Claim Motion Hearing set for 3/21/2012 10:00 AM in Syracuse before Judge Norman A. Mordue Response to Motion due by 3/5/2012 Reply to Response to Motion due by 3/12/2012. filed by St. Mary's Healthcare. (Attachments: #1 Memorandum of Law in Support of Defendant's Motion to Dismiss the Amended Complaint, #2 Appendix A - Nakahata case, #3 Appendix B - Sampson case, #4 Appendix C - Attanasio case, #5 Appendix D - Mell case, #6 Appendix E - Frye case, #7 Appendix F - Acosta case, #8 Appendix G - James case, #9 Appendix H - Strohl case, #10 Appendix I - Wiggins case) (Billok, Michael) |
| Filing 25 CIVIL CASE MANAGEMENT PLAN by St. Mary's Healthcare. (Billok, Michael) |
| Telephone Initial Status Conference set for 2/22/2012 at 2:00 P.M. before U.S. Magistrate Judge Andrew T. Baxter. Plaintiff's counsel will initiate call to Judge Baxter's Chambers (315) 234-8600. The civil case management plan must be filed ten days before the conference. (kmg) |
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Filing 24
ORDER: It is ordered that the #22 Stipulation is approved, the time to Answer the Amended Complaint is updated for St. Mary's Hospital at Amsterdam to 2/17/2012. Signed by US Magistrate Judge Andrew T. Baxter on 1/12/2012. (jmb)
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TEXT ORDER finding as moot the #13 Motion to Dismiss for Failure to State a Claim pursuant to the filing of an amended complaint (see notice #23). Endorsed by Judge Norman A. Mordue on 1/12/12. (jlr)
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| Filing 23 NOTICE by St. Mary's Hospital at Amsterdam (to inform Court that motion to dismiss is moot due to filing of Amended Complaint) (Billok, Michael) |
| Filing 22 STIPULATION Extending Time for Defendant to Answer Amended Complaint by St. Mary's Hospital at Amsterdam submitted to Judge Andrew T. Baxter. (Billok, Michael) |
| Filing 21 CERTIFICATE OF SERVICE by Tina Bagley, Anne Mancini Church, Hollie M. King, Kenneth Varriale (Burger, Sarah) |
| Filing 20 AMENDED COMPLAINT against St. Mary's Hospital at Amsterdam filed by Hollie M. King, Anne Mancini Church, Kenneth Varriale, Tina Bagley.(Burger, Sarah) |
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Filing 19
ORDER: approving the #18 Stipulation, therefore plaintiff's deadline to Amend the Complaint is extended to 1/6/2012, further the deadline for plaintiff to respond to the Motion to Dismiss is extended to 1/9/2012. Signed by US Magistrate Judge Andrew T. Baxter on 12/16/2011. (jmb)
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| TEXT NOTICE of Hearing on Motion - At the request of counsel (Dkt. No. 18) the Response to the #13 MOTION to Dismiss for Failure to State a Claim is due by 1/9/2012. Reply to Response to Motion due by 1/17/2012. The Motion Hearing is reset for 1/18/2012 before Judge Norman A. Mordue. The Motion is on submit. No appearances. (jlr) |
| Filing 18 STIPULATION Stipulation & Order by Tina Bagley, Anne Mancini Church, Hollie M. King, Kenneth Varriale submitted to Judge Andrew T. Baxter. (Burger, Sarah) |
| TEXT NOTICE - The #13 MOTION to Dismiss for Failure to State a Claim Motion Hearing is set for 1/4/2012 before Chief Judge Norman A. Mordue. The Motion is on submit with No appearances. Response to Motion due by 12/19/2011. Reply to Response to Motion due by 12/27/2011. (jlr) |
| Filing 17 NOTICE of Appearance by Stephen W. Lyman on behalf of St. Mary's Hospital at Amsterdam (Lyman, Stephen) |
| Filing 16 NOTICE of Appearance by Bruce M. Bagdady on behalf of St. Mary's Hospital at Amsterdam (Bagdady, Bruce) |
| Filing 15 CERTIFICATE OF SERVICE by St. Mary's Hospital at Amsterdam re #14 FRCP 7.1 Corporate Disclosure Statement, #13 MOTION to Dismiss for Failure to State a Claim (Billok, Michael) |
| Filing 14 FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by St. Mary's Hospital at Amsterdam. (Billok, Michael) |
| Filing 13 MOTION to Dismiss for Failure to State a Claim Motion Hearing set for 1/4/2012 10:00 AM in Syracuse before Chief Judge Norman A. Mordue Response to Motion due by 12/19/2011 Reply to Response to Motion due by 12/27/2011. filed by St. Mary's Hospital at Amsterdam. (Attachments: #1 Memorandum of Law, #2 Exhibit(s) A - Pruell case, #3 Exhibit(s) B - Nakahata case, #4 Exhibit(s) C - Sampson case, #5 Exhibit(s) D - Bethune case, #6 Exhibit(s) E - Attanasio case, #7 Exhibit(s) F - Mell case, #8 Exhibit(s) G - Frye case, #9 Exhibit(s) H - Wood case, #10 Exhibit(s) I - White case, #11 Exhibit(s) J - Dudley case, #12 Exhibit(s) K - Wolman case, #13 Exhibit(s) L - Strohl case) (Billok, Michael) |
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Filing 12
ORDER: granting the #9 Motion for Limited Admission Pro Hac Vice of Bruce Michael Bagdady on behalf of St. Mary's Hospital at Amsterdam. Signed by US Magistrate Judge Andrew T. Baxter on 11/21/2011. (jmb)
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Filing 11
ORDER: granting the #8 Motion for Limited Admission Pro Hac Vice of Stephen William Lyman on behalf of St. Mary's Hospital at Amsterdam. Signed by US Magistrate Judge Andrew T. Baxter on 11/21/2011. (jmb)
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| Filing 10 NOTICE by Hollie M. King Consent to Sue Under F.L.S.A. (Burger, Sarah) |
| Filing 9 MOTION for Limited Admission Pro Hac Vice of Bruce M. Bagdady Filing fee $100, receipt number 0206-2019986. filed by St. Mary's Hospital at Amsterdam. Motions referred to Andrew T. Baxter. (Billok, Michael) |
| Filing 8 MOTION for Limited Admission Pro Hac Vice of Stephen William Lyman Filing fee $100, receipt number 0206-2019980. filed by St. Mary's Hospital at Amsterdam. Motions referred to Andrew T. Baxter. (Billok, Michael) |
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Filing 7
ORDER: approving the #6 Stipulation, the answer deadline is extended for St. Mary's Hospital at Amsterdam to 11/23/2011. Signed by US Magistrate Judge Andrew T. Baxter on 10/26/2011. (jmb)
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| Filing 6 STIPULATION Extending Defendant's Time to Answer or Move by St. Mary's Hospital at Amsterdam submitted to Judge Andrew T. Baxter. (Billok, Michael) |
| Filing 5 CONSENT TO SUE UNDER F.L.S.A. by Tina Bagley (Burger, Sarah) |
| Filing 4 AFFIDAVIT of Service for Complaint served on Michael Billok, Esq. on 10/12/2011, filed by Anne Mancini Church, Kenneth Varriale. (Burger, Sarah) |
| Filing 3 Summons Issued as to St. Mary's Hospital at Amsterdam. (mgh) |
| Filing 2 G.O. 25 FILING ORDER ISSUED: Initial Conference set for 2/22/2012 02:00 PM in Syracuse before US Magistrate Judge Andrew T. Baxter. Civil Case Management Plan due by 2/8/2012. (mgh) |
| Filing 1 COMPLAINT against St. Mary's Hospital at Amsterdam (Filing fee $350 receipt number 1988459) filed by Anne Mancini Church, Kenneth Varriale. (Attachments: #1 Consent to Sue Collective Action by Anne Mancini Church, #2 Consent to Sue Collective Action by Kenneth Varriale, #3 Civil Cover Sheet)(mgh) |
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