Perez et al v. Isabella Geriatric Center, Inc.
| Yudelka E. Perez and Maritza A. Cortes |
| Isabella Geriatric Center, Inc. |
| 1:2013cv07453 |
| October 22, 2013 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Westchester |
| Ronnie Abrams |
| Fair Labor Standards Act |
| 29 U.S.C. ยง 201 |
| Plaintiff |
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Filing
178
ORDER ADOPTING REPORT AND RECOMMENDATION for 177 Report and Recommendations 141 Motion to Amend/Correct filed by Ana Paulino, Maritza A. Cortes, Yudelka E. Perez. Having reviewed the Report for clear error and finding none, the Court adopts the well-reasoned Report in its entirety. Plaintiffs' motion is therefore granted with respect to the "on-the-clock" amendments, but denied with respect to the addition of the NYLL § 195(3) claim. Plaintiffs shall file an Amende d Complaint consistent with the Report and this Order no later than January 30, 2017. The Clerk of Court is respectfully directed to close the motion pending at Docket Number 141. (As further set forth in this Order.) ( Amended Pleadings due by 1/30/2017.) (Signed by Judge Ronnie Abrams on 1/23/2017) (cf)
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Filing
160
ORDER ADOPTING REPORT AND RECOMMENDATION for 144 Report and Recommendations, 105 Motion to Dismiss filed by Isabella Geriatric Center, Inc. The Court adopts Magistrate Judge Ellis' Report and Recommendation in its entirety and denies D efendant Isabella Geriatric Center, Inc.'s motion to dismiss the claims of opt-in Plaintiffs Elizabeth Fenton and Dianne Cox. The Clerk of Court is respectfully directed to terminate item number 105 on the docket. (As further set forth in this Order.) (Signed by Judge Ronnie Abrams on 8/2/2016) (cf)
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Filing
44
MEMORANDUM OPINION & ORDER re: 26 FIRST MOTION to Certify Class FLSA 216(b) filed by Ana Paulino, Maritza A. Cortes, Yudelka E. Perez. For the reasons explained in detail during the June 24 telephone conference, the Court find s that Plaintiffs have met the "modest factual showing" necessary for conditional certification, see Weng Long Liu v. Rong Sing, Inc., No. 12-CV-7136 (TPG), 2014 WL 1244676, at *1 (S.D.N.Y. Mar. 26,2014), because they have shown there are potentially "similarly situated employees" to the named Plaintiffs. 29 U.S.C. § 216(b). The Court therefore GRANTS the motion for conditional collective action. The Court further finds that the proposed Notice is fair and accura te, and ORDERS that it be distributed to all CNAs employed by Isabella on or after October 22, 2007. Finally, the Court ORDERS Defendants to provide Plaintiffs with a computer readable data file containing the names, last known addresses, home and cellular phone numbers, email addresses, and Social Security numbers of all Covered Employees, with the understanding that Plaintiffs agree to a strict confidentiality order restricting the use of Social Security numbers to address searches only. (Signed by Magistrate Judge Ronald L. Ellis on 7/1/2014) (mro)
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