Malena et al v. Victoria's Secret Direct, LLC et al
||Victoria's Secret Direct, LLC, Victoria's Secret Direct New York, LLC, Victoria's Secret Direct Media, Inc., Victoria's Secret Stores, LLC, Victoria's Secret Stores Brand Management, Inc., Limited Brands, Inc., Limited Brands Direct Media Production, Inc. and Ann O'Malley
||June 25, 2009
||US District Court for the Southern District of New York
||Foley Square Office
||William H. Pauley
|Nature of Suit:
|Cause of Action:
||29:201 Fair Labor Standards Act
|Jury Demanded By:
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|August 16, 2012
MEMORANDUM AND ORDER granting in part and denying in part 76 Motion for Summary Judgment; granting in part and denying in part 82 Motion for Summary Judgment. For the reasons set forth in this Order, Defendants motions are GRANTED in part and DE NIED in part. Specifically, the Corporate Defendants motion for summary judgment is granted as to the claims for aiding and abetting under the NYSHRL and NYCHRL and for violation of the NYSLLs spread-of-hours provision. The Corporate Defendants moti on is denied in all other respects. OMalleys motion for summary judgment is granted as to the claims for FMLA retaliation, direct liability for discrimination under the NYSHRL, and violation of the NYSLLs spread-of-hours provision. OMalleys motion i s denied in all other respects. Plaintiffs withdrawn claimsfor failure to keep accurate records under the FLSA, failure to keep accurate records under the NYSLL, and failure to provide meal breaks under the NYSLLare dismissed. The Clerk of Court is directed to close the motions at docket entry numbers 76 and 82. (Signed by Judge J. Paul Oetken on 8/16/2012) (tro)
|November 16, 2010
MEMORANDUM AND ORDER granting in part and denying in part 24 Motion to Certify Class; denying 27 Motion for Partial Summary Judgment. Defendants' motion for partial summary judgment dismissing the FLSA and the New York State Labor Law claim s is denied, and Plaintiffs motion for collective action certification is granted in part and denied in part. The parties are directed to submit a proposed notice for approval by the Court no later than December 7, 2010. If the parties cannot agree on a form of notice, they shall submit letter memoranda by December 7, 2010. (Signed by Judge William H. Pauley, III on 11/16/2010) (jar)
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