Zivali et al v. AT&T Mobility LLC et al

Justia Dockets & Filings Second Circuit New York Southern District Zivali et al v. AT&T Mobility LLC et al

Zivali et al v. AT&T Mobility LLC et al

Case Number:	1:2008cv10310
Filed:	November 26, 2008
Court:	US District Court for the Southern District of New York
Office:	Labor: Fair Standards Office
Presiding Judge:	Jed S. Rakoff
Nature of Suit:	Plaintiff
Cause of Action:	Federal Question
Jury Demanded By:	29:201 Fair Labor Standards Act

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Date Filed	Document Text
May 12, 2011	Filing 185 OPINION AND ORDER: Accordingly, the Court concludes that all three relevant factors favor decertification in this case. Unlike cases in which courts have permitted plaintiffs to proceed as a class the record shows that there is simply no uniform poli cy or practice at Mobility that would result in systematic FLSA violations across the potential 4,000-plus plaintiff class. Indeed, the Court finds that this case is far more closely analogous to those in which courts have granted motions for decerti fication as a result of plaintiffs' failure to present consistent evidence that they were subject to any uniform policy or practice. The Court has considered plaintiff's additional arguments and finds them without merit. Accordingly the Cou rt grants Mobility's motion for decertification of the class. Mobility's motion for summary judgment, however, is denied, and the named plaintiff, Ms. Zivali, may therefore proceed to trial. To this end, counsel are directed to jointly call Chambers at 12:00 noon on May 13, 2011 to set a trial date. Meanwhile, the Clerk of the Court is directed to close item numbers 162 and 167 on the docket of this case. (Signed by Judge Jed S. Rakoff on 5/11/2011) (jfe)

Date Filed

Document Text

May 12, 2011

Filing 185 OPINION AND ORDER: Accordingly, the Court concludes that all three relevant factors favor decertification in this case. Unlike cases in which courts have permitted plaintiffs to proceed as a class the record shows that there is simply no uniform poli cy or practice at Mobility that would result in systematic FLSA violations across the potential 4,000-plus plaintiff class. Indeed, the Court finds that this case is far more closely analogous to those in which courts have granted motions for decerti fication as a result of plaintiffs' failure to present consistent evidence that they were subject to any uniform policy or practice. The Court has considered plaintiff's additional arguments and finds them without merit. Accordingly the Cou rt grants Mobility's motion for decertification of the class. Mobility's motion for summary judgment, however, is denied, and the named plaintiff, Ms. Zivali, may therefore proceed to trial. To this end, counsel are directed to jointly call Chambers at 12:00 noon on May 13, 2011 to set a trial date. Meanwhile, the Clerk of the Court is directed to close item numbers 162 and 167 on the docket of this case. (Signed by Judge Jed S. Rakoff on 5/11/2011) (jfe)

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