Shillingford v. Astra Home Care, Inc. et al
| Ella Shillingford |
| Astra Home Care, Inc., Michael Werzberger, Rebecca Rosenzweig and John Does #1-10 |
| 1:2016cv06785 |
| August 29, 2016 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Kings |
| Katherine Polk Failla |
| Fair Labor Standards Act |
| 29 U.S.C. ยง 201 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
120
ORDER granting 119 Letter Motion for Extension of Time to File. Application Granted. No further extensions will be granted. (Signed by Magistrate Judge Ona T. Wang on 1/12/2020) (mro)
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Filing
118
ORDER granting 117 Letter Motion for Extension of Time to File. Application Granted nunc pro tunc. SO ORDERED. (Signed by Magistrate Judge Ona T. Wang on 1/6/2020) (rro)
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Filing
116
ORDER granting 115 Letter Motion for Extension of Time to File. Application Granted. SO ORDERED. (Signed by Magistrate Judge Ona T. Wang on 12/18/2019) (ks) Modified on 12/19/2019 (ks).
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Filing
114
ORDER granting 111 Letter Motion for Extension of Time to File. Application GRANTED. (Signed by Judge Katherine Polk Failla on 12/10/2019) (cf)
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Filing
110
ORDER: The Court held a hearing in this matter between Plaintiff Erica Jacob Spencer and Defendants on November 21, 2019. As directed during that conference, Parties must submit their settlement documents pursuant to Cheeks v. Freeport Pancake House, Inc., et al., 796 F.3d 199 (2d Cir. 2015), by December 20, 2019. SO ORDERED. (Signed by Magistrate Judge Ona T. Wang on 12/5/2019) (rro)
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Filing
109
ORDER: Accordingly, the Settlement Agreement between Plaintiffs, excluding Plaintiff Spencer, and Defendants, is approved. The parties are directed to file a fully executed copy of the proposed stipulation of partial dismissal. SO ORDERED. (Signed by Judge Katherine Polk Failla on 12/4/2019) (jca)
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Filing
106
ORDER granting 105 Letter Motion for Extension of Time to File. Application Granted. SO ORDERED. (Signed by Magistrate Judge Ona T. Wang on 11/25/2019) (rro)
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Filing
44
OPINION AND ORDER re: 26 MOTION to Certify Class and Collective Action. filed by Ella Shillingford. For the foregoing reasons, Plaintiff's motion for conditional certification of a collective action under 29 U.S.C. § 216( b) is GRANTED as defined by the Court. Plaintiff's motions under Federal Rule of Civil Procedure 23 for certification of classes for (i) minimum wage violations under the NYLL; (ii) overtime pay violations under the NYLL; (iii) "spread of h ours" under the NYLL; (iv) violations of the WTPA; and (v) minimum wage under the WPA are all DENIED WITHOUT PREJUDICE. This case will proceed to discovery on Plaintiff's collective FLSA claims, and if in the course of that discovery Plain tiff can compile a more robust record on which this Court can find that Defendants' liability can be established without an individualized inquiry into the working conditions of each aide, Plaintiff may renew the motion. The parties are ORDERED to meet and confer within 10 days of the date of this Opinion and to submit within 14 days of the date of this Opinion a proposed notice to the potential opt-in collective action members for the Court's consideration. (Signed by Judge Katherine Polk Failla on 2/23/2018) (kgo)
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