Diaz et al v. Local No.241 et al
| Anicasia Diaz, Ludwig Alonso, Julia DeLeon, Maria Gomez, Fredeswinda Morciglio, Mariola Truszkowski and Pedro Quinones |
| Local No. 241 and Colombia University |
| 1:2017cv08898 |
| November 15, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| William H. Pauley |
| Labor/Management Relations |
| 29 U.S.C. ยง 185 |
| Plaintiff |
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Filing
118
MEMORANDUM & ORDER terminating 84 Motion for Summary Judgment; terminating 88 Motion for Summary Judgment. For the forgoing reasons, Plaintiffs' claims are dismissed for lack of standing. Because the issue of standing is jurisdictional, the dismissal is without prejudice. Carter, 822 F.3d at 55. The Clerk of the Court is directed to terminate the motions pending at ECF Nos. 84 and 88 and to mark this case as closed. SO ORDERED. (Signed by Judge William H. Pauley, III on 3/19/2021) (kv)
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Filing
52
OPINION & ORDER re: 40 MOTION to Dismiss: For the foregoing reasons, Columbia's motion to dismiss is granted in part and denied in part. To the extent Plaintiffs assert a hybrid § 301 claim based on Local 241's alleged inequitab le distribution of overtime, that claim is dismissed. Alonso's claim concerning Defendants' failure to post overtime lists is dismissed as time-barred. In all other respects, Columbia's motion to dismiss the Amended Complaint is denied . The stay of discovery is lifted. The parties shall submit a proposed discovery schedule by August 30, 2019. The parties are directed to appear for a status conference with the Court on September 4, 2019 at 11:30 a.m. (Status Conference set for 9/4/2019 at 11:30 AM before Judge William H. Pauley III.) (Signed by Judge William H. Pauley, III on 8/9/2019) (jwh)
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