Thind v. Healthfirst, Inc. et al
||Healthfirst, Inc., HF Management Services, LLC and Healthfirst PHSP, Inc.
||December 3, 2014
||US District Court for the Southern District of New York
||Foley Square Office
||Lorna G. Schofield
|Nature of Suit:
||Fair Labor Standards Act
|Cause of Action:
|Jury Demanded By:
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|December 8, 2017
OPINION AND ORDER re: 320 MOTION to Dismiss These Cases. filed by HF Management Services, LLC. Defendant's motion to dismiss the Complaint is DENIED, and Defendant's motion for oral argument is DENIED as moot. The Clerk of Court is directed to close the motion at Docket No. 320. (Signed by Judge Lorna G. Schofield on 12/8/2017) (kgo)
|December 9, 2016
OPINION AND ORDER re: 254 MOTION To Decertify Collective Action B . filed by HF Management Services, LLC, 259 CROSS MOTION for Leave to File Second Amended Complaint and Final Certification of Newly Redefined Collectiv e Actio's motion to decertify Collective B is GRANTED. Plaintiff's motion is GRANTED as to amending the Complaint to include Collective B1 and DENIED as to amending the Complaint to include Collective B2 and final certification. The claim s of the Collective B2 opt-in plaintiffs are dismissed without prejudice. Plaintiff may file a Second Amended Complaint that is consistent with this Opinion and the information that has come out in discovery, and may file a motion for final certifi cation of the new Collective B1 following the submission of the Second Amended Complaint. The Clerk of Court is respectfully directed to close the motions at Docket No. 254 and Docket No. 259. A scheduling order will be issued following this Opinion. (Signed by Judge Lorna G. Schofield on 12/9/2016) (kgo)
|July 29, 2015
OPINION & ORDER re: 22 MOTION to Dismiss Amended Complaint. filed by HF Management Services, LLC. For these reasons herein, Defendant's motion to dismiss is GRANTED in part and DENIED in part. Plaintiff's second, fourth and fifth causes of action are dismissed. The following causes of action survive: The first cause of action for unpaid overtime under FLSA on behalf of both Collective A (Managers of Sales) and Collective B (Facilitated Enrollers); The third cause of action for unpaid overtime under the NYLL; and The sixth cause of action for failure to furnish proper wage statements under the NYLL. The Clerk of Court is directed to close the motion at Dkt. No. 22. (As further set forth in this Opinion.) (Signed by Judge Lorna G. Schofield on 7/29/2015) (kgo)
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