Martin et al v. Assurance Wireless, LLC et al
Jamie Martin, Daneisha Singleton and Kaylen Bandy |
Assurance Wireless, LLC and Wallace Morgan, Inc. |
1:2015cv05237 |
July 7, 2015 |
US District Court for the Southern District of New York |
Foley Square Office |
New York |
Paul A. Engelmayer |
Fair Labor Standards Act |
29 U.S.C. ยง 201 |
Plaintiff |
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Filing 325 OPINION & ORDER: For the foregoing reasons, the Court declines to exercise supplemental jurisdiction over plaintiffs' NYLL wage-notice claims. These claims are therefore dismissed without prejudice. The Clerk of Court is respectfully directed to close the case. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 10/31/2017) (anc) |
Filing 322 OPINION & ORDER re: 263 MOTION for Summary Judgment (Partial) filed by Jamie Martin, Daneisha Singleton, 271 CROSS MOTION for Summary Judgment pursuant to FRCP 56 filed by Sprint/United Management Company, 289 FIR ST MOTION for Summary Judgment (Re-file per Notice 05/18/17) filed by Wallace Morgan, Inc., 274 MOTION for Summary Judgment / Notice of Defendant Credico (USA) LLC's Motion for Summary Judgment filed by Credico (USA) LLC. For the foregoing reasons, the Court (1) denies plaintiffs' motion for partial summary judgment and (2) grants' defendants' cross-motions for summary judgment. The effect of this ruling is to grant summary judgment for Sprint and Credico on all claims against them, and to grant summary judgment for Wallace Morgan on all claims against it, save for plaintiffs' wage-notice claims under the NYLL, as to which the Court commissions supplemental briefing. As discussed h ere, plaintiffs' letter-memorandum as to the NYLL wage-notice claims is due two weeks from the date of this decision, and Wallace Morgan's letter-memorandum as to those claims is due one week thereafter. The Clerk of Court is respectfully directed to terminate the motions pending at Dkts. 197, 232, 234, 238, 240, 263, 271, 274, and 289. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 9/27/2017) (anc) |
Filing 145 OPINION & ORDER: For the foregoing reasons, plaintiffs' motion to amend their complaint to add Credico as a defendant is granted. The Clerk of Court is respectfully directed to add Credico (USA) LLC as a defendant in this matter and to terminate the motion pending at docket number 107. Plaintiffs are directed to file the Second Amended Complaint as a separate docket entry no later than May 16, 2016, and to serve Credico with it forthwith. (As further set forth in this Opinion) Credico (USA) LLC added., (Amended Pleadings due by 5/16/2016.) (Signed by Judge Paul A. Engelmayer on 5/12/2016) (kl) |
Filing 86 OPINION & ORDER: For the foregoing reasons, the Court grants plaintiffs' motion for conditional certification of a collective consisting of all Wallace Morgan employees who gathered applications for enrollment in the Lifeline Program throug h Assurance Wireless at any point during the three years preceding the issuance of a Court-approved Notice. However, the Court denies plaintiffs' motions for conditional certification of a broader collective, defined to include either all Age nts nationwide or all those employed by Credico. Defense counsel is directed to, within 10 days from the entry of this Order, produce to plaintiffs' counsel the names, mailing addresses, telephone numbers, email addresses, and dates of emp loyment of all putative class members. Plaintiffs' counsel is directed to provide defense counsel, by January 8, 2016, a revised Notice, consistent with this Order. Defense counsel, in turn, is directed to notify plaintiffs' counsel, by January 13, 2015, of any remaining objections to the Notice. Plaintiffs' counsel shall, by January 15, 2016, submit a revised, agreed-upon, Notice to the Court. Finally, plaintiffs' counsel shall distribute the Notice to putative class m embers within five days of the Court's approval of the revised Notice, and shall distribute the Reminder Notice 15 days before the close of the opt-in period. The Clerk of Court is respectfully directed to terminate the motion pending at Dkt. 52. (As further set forth in this Order) (Signed by Judge Paul A. Engelmayer on 1/4/2016) (kl) |
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