Dieffenbauch v. Rhinehart Railroad Construction, Inc.
| James Dieffenbauch |
| Rhinehart Railroad Construction, Inc. |
| 8:2017cv01180 |
| October 23, 2017 |
| US District Court for the Northern District of New York |
| Plattsburgh Office |
| St. Lawrence |
| Lawrence E. Kahn |
| Christian F. Hummel |
| Fair Labor Standards Act |
| 29 U.S.C. ยง 201 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
121
DECISION AND ORDERED, that Plaintiffs Motion to modify the scheduling order to extend the expert disclosure deadline to September 23, 2021 (Dkt. No. 118) is DENIED. Signed by Senior Judge Lawrence E. Kahn on September 13, 2021. (sas)
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Filing
116
MEMORANDUM-DECISION AND ORDERED, that Plaintiffs motion for summary judgment (Dkt. No. 78-1) is DENIED. Signed by Senior Judge Lawrence E. Kahn on February 25, 2021. (sas)
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Filing
115
MEMORANDUM-DECISION AND ORDERED, that Defendants Motion to Amend its motion to dismiss (Dkt. No. 89-2) is GRANTED; and it is further; ORDERED, that Defendants Motion to Dismiss for lack of personal jurisdiction (Dkt. No. 76-3) is DENIED; and it is further;ORDERED, that Defendants Discovery Motion (Dkt. No. 75-3) is DENIED. Signed by Senior Judge Lawrence E. Kahn on February 08, 2021. (sas)
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Filing
114
MEMORANDUM-DECISION AND ORDERED, that Defendants motion to decertify (Dkt. No. 77-4) is DENIED. Signed by Senior Judge Lawrence E. Kahn on February 03, 2021. (sas)
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Filing
38
MEMORANDUM-DECISION AND ORDERED, that Defendants Motion (Dkt. No. 10) is GRANTED in part; and it is further ORDERED, that the proposed collective FLSA class is conditionally certified as: All persons employed by Rhinehart Railroad Construction, Inc. as Railroad Workers (Operators/Laborers) in Pennsylvania, North Carolina, New York, Massachusetts, and/or Maryland from October 2014 to the present, who worked more than forty (40) hours per week and were paid an hourly rate but were not paid for tra vel time from: (a) their home to an assigned project location; (b) one assigned project location to another assigned project location; and/or (c) an assigned project locations back to their home.and it is further ORDERED, that, within thirty days of this Memorandum-Decision and Order, Defendant shall produce to Plaintiff a list containing the full names, job titles, last known addresses, and dates of employment for all putative class members who worked as Operator/Laborers for Defendant in Penns ylvania, North Carolina, New York, Massachusetts, and/or Maryland between October 2014 and the present; and it is further ORDERED, that any notice sent by Plaintiff to any of the individuals disclosed by Defendant as putative class members shall be s ent by first-class mail; and it is further ORDERED, that the individuals disclosed by Defendant as putative class members shall have sixty days from the date the notices are mailed to file a form opting-in to this action; and it is further ORDERED, t hat except as outlined herein, neither party shall contact any individual disclosed by Defendant as a putative class member for reasons related to this litigation until after such individual has filed a form indicating their consent to opt-in to this lawsuit. Signed by Senior Judge Lawrence E. Kahn on August 30, 2018. (sas)
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| Plaintiff: James Dieffenbauch | |
| Represented By: | Bernard R. Mazaheri |
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| Defendant: Rhinehart Railroad Construction, Inc. | |
| Represented By: | Jillian K. Farrar |
| Represented By: | Paul F. Keneally |
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