Julian v. MetLife, Inc. et al
| Debra Julian, Tonya Gill and Stephanie McKinney |
| MetLife, Inc., Metropolitan Life Insurance Company and MetLife Insurance Company, USA |
| 1:2017cv00957 |
| February 8, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Alison J. Nathan |
| Fair Labor Standards Act |
| 29 U.S.C. ยง 201 |
| Plaintiff |
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Filing
394
JUDGMENT PURSUANT TO RULE 68: NOW, THEREFORE, IT IS HEREBY ORDERED THAT: 1. Defendant will pay Plaintiffs Julian and Harris the sum of $3,000 in connection with the FLSA claims alleged in this Action (Count 1), which includes in that sum $1,000 for fees and costs accrued up to the date the Offer of Judgment was served. The sum shall be divided as follows: a. Defendant will pay Plaintiff Julian the sum of $1,500 in connection with her FLSA claims alleged in this Action, whi ch includes in that sum $500 for fees and costs accrued up to the date the Offer of Judgment was served; b. Defendant will pay Plaintiff Harris the sum of $1,500 in connection with her FLSA claims alleged in this Action, which includes in that sum $500 for fees and costs accrued up to the date the Offer of Judgment was served. 2. The Offer of Judgment shall constitute satisfaction of any and all claims and causes of action under the FLSA that Plaintiffs Julian and Harris have asserted or could have asserted in this lawsuit against Defendant. 3. The Offer of Judgment is not an admission of liability or wrongdoing by Defendant, but rather is made solely for the purpose of compromising the disputed claims. 4. Acceptance an d entry of the Offer of Judgment extinguishes any claims under the FLSA against Defendant, its successors or assigns, and all past and present officials, employees, representatives, and agents of the Defendant, that were or could have been alleg ed by Plaintiffs Julian and/or Harris in the above-referenced action based upon their employment with MetLife. 5. Pursuant to Fed. R. Civ. P. 68 and based upon the combined filing of Defendant's Offer of Judgment and Plaintiffs' Notice o f Acceptance thereof, judgment is hereby entered for Plaintiffs Debra Julian and Kimberly Harris in connection with the FLSA claims (Count 1) alleged in this Action against Defendant Metropolitan Life Insurance Company in the amount of $3,000, which includes in that sum $1,000 for fees and costs. Dated: June 29, 2022 The Clerk of Court is respectfully directed to enter judgment and terminate ECF Nos. 353 and 356. (Signed by Judge Andrew L. Carter, Jr on 6/29/2022) (ate)
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Filing
391
ORDER granting 390 Letter Motion for Extension of Time to File. Application GRANTED. The deadline to submit Rule 68 Judgment is extended to May 27, 2022. SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 4/28/2022) (rro)
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Filing
384
ORDER: The Court has been advised that the parties in this FLSA action have reached a settlement. See Dkt. No. 383. Pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure, if the settlement is to take effect, the Court must first review and scrutinize the agreement to ensure that it is fair. See Cheeks v. Freeport Pancake House, Inc., 796 F.3d 199, 206 (2d Cir. 2015); see also Wolinsky v. Scholastic Inc., 900 F. Supp. 2d 332, 338 (S.D.N.Y. 2012). Accordingly, on or before March 17, 2022, the parties must submit to the Court both the settlement agreement and a joint letter explaining why the settlement should be approved. The parties' submission should contain the following, as further set forth herein. The parties are further advised that the Court will likely not approve settlement agreements that contain a confidentiality provision or a general release from all liability. Accordingly, it is FURTHER ORDERED that the parties must meet and confe r to discuss whether they are willing to consent, under 28 U.S.C. § 636(c), to conducting al further proceedings before the assigned Magistrate Judge, as further set forth herein. All upcoming conferences and deadlines in this case are adjourned sine die. ( As further set forth in this Order.) SO ORDERED. (Signed by Judge Alison J. Nathan on 2/17/2022) (vfr)
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Filing
373
ORDER, It is hereby ORDERED that the deadline for completing fact discovery, including fact depositions, is extended to January 15, 2022. Any motions to compel or for a protective order with respect to written fact discovery shall be made no late r than December 22, 2021. It is further ORDERED that Judge Moses will hold a telephonic status conference on January 20, 2022 at 11:00 a.m. The parties shall dial (888) 557-8511 and enter the access code 7746387 at the scheduled time. No later than January 18, 2022, the parties shall submit a joint status letter updating the Court on the status of the case and any settlement efforts. SO ORDERED. ( Deposition due by 1/15/2022., Fact Discovery due by 1/15/2022., Motions due by 12/22/2021., Telephone Conference set for 1/20/2022 at 11:00 AM before Magistrate Judge Barbara C. Moses.) (Signed by Magistrate Judge Barbara C. Moses on 12/1/21) (yv)
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Filing
362
ORDER adopting 349 Report and Recommendations. Objections to Magistrate Judge Moses's Report and Recommendation were due by September 15, 2021. See Dkt. No 349. As of October 7, 2021, no objections have been filed. The Court thus re views the Report & Recommendation for clear error, and finds none. The Court therefore adopts the Report & Recommendation in its entirety and GRANTS IN PART Defendants' motion to dismiss for the reasons provided in Magistrate Judge Mosess Report & Recommendation. Plaintiff Harris's IMWL claim is DISMISSED to the extent it arises out of overtime pay allegedly due for periods prior to March 7, 2017. SO ORDERED. (Signed by Judge Alison J. Nathan on 10/7/2021) (vfr)
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Filing
359
ORDER: On October 1, 2021, Plaintiffs filed a Motion for Leave to Appeal the Court's FLSA Decertification and Summary Judgment rulings (Dkt. No. 348) pursuant to 28 U.S.C. § 1292(b) and Letter Motion to Stay Plaintiffs Motion to Toll the Statute of Limitations for Opt-In Plaintiffs (Dkt. No. 358). Defendants shall file a response to Plaintiffs' motions no later than October 29, 2021. Plaintiffs shall file a reply, if any, no later than November 12, 2021. SO ORDERED. ( Responses due by 10/29/2021, Replies due by 11/12/2021.) (Signed by Judge Alison J. Nathan on 10/4/2021) (vfr)
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Filing
348
MEMORANDUM OPINION & ORDER re: 248 MOTION for Summary Judgment filed by Metropolitan Life Insurance Company, 257 LETTER MOTION for Oral Argument on Defendant's Motion for Summary Judgment addressed to Judge Alison J. Nathan from Christopher A. Parlo dated October 23, 2020 filed by Metropolitan Life Insurance Company, 290 LETTER MOTION to Seal addressed to Judge Alison J. Nathan from Michael D. Palmer dated December 23, 2020 filed by Stephanie McKinney, Debra Julian, Kimberly Harris, 338 MOTION to Strike Document No. 333 PLAINTIFFS MOTION TO STRIKE METLIFES REPLY TO PLAINTIFFS RESPONSE TO DEFENDANTS LOCAL RULE 56.1 STATEMENT filed by Stephanie McKinney, Debra Julian, Kimberly Harris, 309 LETTER MOTION for Oral Argument on Plaintiff's Motion to Strike, filed on December 11, 2020 addressed to Judge Alison J. Nathan from Christopher A. Parlo dated December 30, 2020 filed by Metropolitan Life In surance Company, 277 LETTER MOTION to Seal three of the 58 exhibits attached to the Declaration of Michael D. Palmer in Support of Motion for Class Certification (Dkt. 270) addressed to Judge Alison J. Nathan from Christopher A. Parlo d ated December 2, 2020 filed by Metropolitan Life Insurance Company, 264 LETTER MOTION to Seal addressed to Judge Alison J. Nathan from Michael D. Palmer dated November 20, 2020 filed by Stephanie McKinney, Debra Julian, Kimberly H arris, 244 LETTER MOTION for Oral Argument on Defendant's Motion to Decertify Plaintiffs' Conditional Collective addressed to Judge Alison J. Nathan from Christopher A. Parlo dated October 19, 2020 filed by Metropolitan Life Insurance Company, 271 LETTER MOTION for Oral Argument addressed to Judge Alison J. Nathan from Michael D. Palmer dated November 20, 2020. filed by Stephanie McKinney, Debra Julian, Kimberly Harris, 228 MOTION to Decertify Pl aintiffs' Conditional Collective . filed by Metropolitan Life Insurance Company, 265 MOTION to Certify Class filed by Stephanie McKinney, Debra Julian, Kimberly Harris, 280 MOTION to Strike Document No. [230- 21, 250-23] PLAINTIFFS MOTION TO STRIKE AND/OR DISREGARD METLIFES SURVEY RESPONSES filed by Stephanie McKinney, Debra Julian, Kimberly Harris. For the reasons discussed in this opinion, Plaintiffs' motion to strike or for the Cour t to disregard Metlife's employees' survey responses is DENIED, Metlife's motion to decertify the collective is GRANTED, Plaintiffs' motion to certify a Rule 23 class is DENIED, Plaintiffs' motion to strike Metlife 9;s Reply to Plaintiffs' opposition to Metlife's Rule 56.1 Statement is GRANTED, Metlife's motion for partial summary judgment is GRANTED, and Metlife's unopposed motion to seal certain exhibits are GRANTED. The parties' motions for oral argument are DENIED as moot. This resolves Dkt. Nos. 228, 244, 248, 257, 264, 265, 271, 277, 280, 290, 298, 309, and 338. SO ORDERED. (Signed by Judge Alison J. Nathan on 8/31/2021) (vfr)
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Filing
347
MEMORANDUM OPINION & ORDER re: 170 MOTION for Judgment on the Pleadings Dismissing Claims That Were Not Disclosed in Bankruptcy Proceedings. filed by Metropolitan Life Insurance Company. For the reasons stated above, Defendants mot ion is GRANTED IN PART and DENIED IN PART. Defendant's motion for judgment as to Plaintiffs' claims for unpaid wages prior the filings of their bankruptcy petitions is GRANTED. Defendant's motion for judgment as to Plaintiff McKinne y's claims and the post-petition claims of any Plaintiff are DENIED. This resolves Dkt. No. 170. The Court will resolve the parties' pending summary judgment and certification-related motions in due course. (As further set forth in this Order.) (Signed by Judge Alison J. Nathan on 3/31/2021) (cf)
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Filing
346
ORDER. On June 25, 2020, the Court referred Defendants' Motion for Judgment on the Pleadings (Dkt. No. 170) to Magistrate Judge Moses for Report & Recommendation. Dkt. No. 187. It is ORDERED that the reference is withdrawn. SO ORDERED. (Signed by Judge Alison J. Nathan on 3/16/21) (yv)
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Filing
311
ORDER granting 310 JOINT LETTER MOTION for Extension of Time to File Briefing and for Leave to File Excess Pages addressed to Judge Alison J. Nathan from Christopher A. Parlo dated January 8, 2021. Document filed by Metropolitan Life Insurance Company. So ordered. (Signed by Judge Alison J. Nathan on 1/12/2021) (rjm)
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Filing
275
ORDER granting 274 Letter Motion for Extension of Time to File. SO ORDERED. (Signed by Judge Alison J. Nathan on 11/25/2020) (rro)
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Filing
245
ORDER ADOPTING REPORT AND RECOMMENDATION. As of this date, no objections to the Report & Recommendation have been filed, and the deadline for objections has passed. See Dkt. No. 157. The Court thus reviews the Report & Recommendation for clear er ror. It finds none. The Court therefore adopts the Report & Recommendation in its entirety and GRANTS Defendant's motion to dismiss without prejudice for the reasons provided in Judge Moses's Report and Recommendation. So ordered. Re 168 Report and Recommendation. (Signed by Judge Alison J. Nathan on 10/14/2020) (rjm) Transmission to Orders and Judgments Clerk for processing.
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Filing
226
ORDER denying 160 Letter Motion to Seal. For the reasons set forth above Metlife's sealing application is DENIED. The unredacted version of the Palmer Declaration (including Exhibit F) will be unsealed on Friday, October 9, 2020, along wit h plaintiff's unredacted brief in opposition to the motion to dismiss and both sides' letter-briefs submitted with regard to the sealing issue itself. The Clerk of Court is respectfully directed to close the letter-motion at Dkt. No. 160. (As further set forth in this Order.) (Signed by Magistrate Judge Barbara C. Moses on 10/6/2020) (cf)
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Filing
220
ORDER DIRECTING OPT-IN PLAINTIFF KIMBERLEE DOERR TO APPEAR FOR A DEPOSITION terminating 213 Letter Motion to Compel. IT IS HEREBY ORDERED AS FOLLOWS: 1. Opt-in Plaintiff Kimberlee Doerr must appear for deposition on a mutually convenient date wit hin 30 days of the date of this Order. In the alternative, Optin Plaintiff Doerr may, within the same period of time, file a request to withdraw her consent to join this FLSA action. 2. Should Opt-in Plaintiff Doerr fail to appear for a deposition w ithin 30 days of the date of this Order, she will be dismissed without prejudice from this action. 3. Plaintiffs' Counsel shall promptly serve a copy of this Order upon Opt-in Plaintiff Doerr at her last known mail and email addresses and fil e proof of such service on the Court's electronic docket. The Clerk of Court is respectfully directed to close the motion at Dkt. No. 213. (As further set forth in this Order.). (Signed by Magistrate Judge Barbara C. Moses on 9/25/2020) (cf)
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Filing
214
ORDER denying as moot 206 Letter Motion to Compel. The letter-motion seeking to compel discovery from opt-in plaintiff Sarah Martinec (Dkt. No. 206) is DENIED AS MOOT. Judge Moses will conduct a telephonic status conference to address the rema ining letter-motions on September 24, 2020, at 11:00 a.m. At that time, counsel are directed to call the Court's conference line (888) 557-8511 and enter the access code 7746387. Plaintiffs shall file any letter-briefs opposing or otherwise re sponding to Dkt. Nos.212 and 213 no later than September 23, 2020 at 12:00 noon. The Clerk of Court is respectfully directed to close the letter-motion at Dkt. No. 206. (As further set forth in this Order.) (Signed by Magistrate Judge Barbara C. Moses on 9/22/2020) (cf)
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Filing
188
ORDER: Extended Deadlines. In light of the pre-certification discovery yet to becompleted, the Court extends certain pending deadlines as follows: a. Close of pre-certification class discovery August 28, 2020. b. Due date for plaintiffs' Rule 23 class certification motion September 30, 2020. (As further set forth in this Order.) ( Discovery due by 8/28/2020., Motions due by 9/30/2020.) (Signed by Magistrate Judge Barbara C. Moses on 6/30/2020) (cf)
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Filing
184
ORDER granting in part 178 Letter Motion for Local Rule 37.2 Conference. Application GRANTED IN PART. The Court will hear argument concerning the issues raised herein during the previously-scheduled June 29, 2020 conference. (See Dkt. No. 177.) Pl aintiffs having filed an opposition letter (Dkt. No. 181), defendant shall file its reply letter no later than June 25, 2020. The Court requests that the reply letter clarify the issues on which a ruling is sought. The Court understands that the part ies dispute (i) how many opt-in depositionsdefendant may take, of whom, and for how long; and (ii) whether defendant may require the opt-in plaintiffs to complete its survey, and if so under what conditions. The Court is uncertain as to whether a rul ing is requested or required concerning the substance of the interrogatories and document requests that defendant has served or plans to serve on the additional opt-in plaintiffs. SO ORDERED.. (Signed by Magistrate Judge Barbara C. Moses on 6/23/2020) (ama)
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Filing
183
ORDER granting 182 Letter Motion for Extension of Time to File. Application GRANTED. SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 6/22/20) (yv)
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Filing
152
ORDER: Close of pre-certification class discovery July 29, 2020. Due date for plaintiffs' motion for Rule 23 class certification August 28, 2020. Due date for defendant's opposition to class certification September 28, 2020. Due date for plaintiffs' reply in support of class certification October 26, 2020. (As further set forth in this Order.) (Discovery due by 7/29/2020., Motions due by 8/28/2020., Responses due by 9/28/2020, Replies due by 10/26/2020.) (Signed by Magistrate Judge Barbara C. Moses on 5/15/2020) (cf)
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Filing
141
ORDER granting 107 Letter Motion for Discovery; denying 140 Letter Motion to Stay. Application DENIED. The Court GRANTS plaintiffs' request for a pre-motion discovery conference (Dkt. No. 107) and will conduct a telephone pre-motion dis covery conference on May 14, 2020 at 10:00 a.m. At that time the parties are direct to call (888)557-8511 and enter the access code 7746387. In advance of the conference, and no later than May 11, 2020, the parties shall file a joint letter succinc tly stating their respective positions on the plaintiffs' motion and the status of their ongoing attempt to resolve the dispute among themselves. If the parties resolve the dispute among themselves prior to May 11, plaintiff shall promptly withdraw its request for a pre-motion conference. (Signed by Magistrate Judge Barbara C. Moses on 4/27/2020) (mro)
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Filing
139
ORDER granting 138 Letter Motion for Extension of Time to File. Application GRANTED. No further extensions will be granted absent compelling circumstances. (Signed by Magistrate Judge Barbara C. Moses on 4/15/2020) (cf)
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Filing
137
ORDER granting 136 Letter Motion to Stay. Application GRANTED. The parties are directed to file a joint letter updating the Court on the status of this dispute no later than April 24, 2020. The plaintiffs' motion at Dkt. No. 107 will be held in abeyance until that time. (Signed by Magistrate Judge Barbara C. Moses on 4/13/2020) (cf)
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Filing
134
ORDER granting 127 Letter Motion to Compel. For these reasons, it is hereby ORDERED that defendant's letter-application to compel discovery (Dkt. No. 127) is GRANTED to the extent that opt-in plaintiff Adalie Arroyo must appear for deposi tion on a mutually convenient date within 30 days of the date of this Order. In the alternative, plaintiff Arroyo may, within the same period of time, file a request to withdraw her consent to join this FLSA action. Plaintiff Arroyo is hereby advi sed that she cannot ignore her discovery obligations with impunity. Any failure on her part to comply with this Order could result in significant sanctions, including but not limited to the dismissal of her claims in this action. It is further ORDE RED that plaintiffs' counsel shall promptly serve a copy of this Order upon plaintiff Arroyo at her last known mail and email address and shall file proof of such service on the Court's electronic docket. (Signed by Magistrate Judge Barbara C. Moses on 4/7/2020) (rj)
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Filing
128
ORDER granting 126 Letter Motion for Extension of Time to File. Application GRANTED. (Signed by Magistrate Judge Barbara C. Moses on 3/31/2020) (cf)
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Filing
125
ORDER: The President of the United States has declared a national emergency due to the spread of the COVID-19 virus, and the Centers for Disease Control have noted that the best way to prevent illness is to minimize person-to-person cont act. In order to protect public health while promoting the "just, speedy, and inexpensive determination of every action and proceeding," Fed. R. Civ. P. 1, it is hereby ORDERED, pursuant to Fed. R. Civ. P. 30(b)(3) and (b)(4), that all depositions in this action may be taken via telephone, videoconference, or other remote means, and may be recorded by any reliable audio or audiovisual means. This Order does not dispense with the requirements set forth in Fed. R. Civ. P. 30(b )(5), including the requirement that, unless the parties stipulate otherwise, the deposition be "conducted before an officer appointed or designated under Rule 28," and that the deponent be placed under oath by that officer. For avoid ance of doubt, a deposition will be deemed to have been conducted "before" an officer so long as that officer attends the deposition via the same remote means (e.g., telephone conference call or video conference) used to connect all ot her remote participants, and so long as all participants (including the officer) can clearly hear and be heard by all other participants. It is further ORDERED, pursuant to Fed. R. Civ. P. 16(b)(4), that all unexpired deadlines for the completi on of fact depositions, fact discovery, expert depositions, expert discovery, and/or all discovery are hereby EXTENDED for a period of 30 days. Nothing in this Order prevents the parties from seeking to further modify the pretrial schedule in this action in light of the COVID-19 pandemic (or for any other good cause). Prior to seeking such relief, the parties must, as always, meet and confer (via remote means) in a good faith effort to reach agreement on how best to fulfill the goals of Rule 1 while avoiding unnecessary health risks. (Signed by Magistrate Judge Barbara C. Moses on 3/17/2020) (mro)
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Filing
122
AMENDED CONFIDENTIALITY AGREEMENT...regarding procedures to be followed that shall govern the handling of confidential material... (Signed by Magistrate Judge Barbara C. Moses on 3/10/2020) (mro)
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Filing
119
ORDER granting 113 Letter Motion to Stay; granting 116 Letter Motion to Stay. Application GRANTED. No later than March 13, 2020, the parties shall submit a joint status letter informing the Court as to whether they have resolved their outstanding discovery disputes. (Signed by Magistrate Judge Barbara C. Moses on 3/5/2020) (cf)
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