Moses et al v. Griffin Industries, LLC et al
| Raven Moses, Staraisha Morris, Dwayne Dale and Ismaiyl Jones |
| Griffin Industries, LLC, Griffin Security Services, Winston Smith, Michael Smith, Andrew Muniz, Aaron Muniz, Dane Yee, Mario Lopez and Consolidated Edison Company of New York, Inc. |
| 1:2018cv01200 |
| February 9, 2018 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Bronx |
| John G. Koeltl |
| Fair Labor Standards Act |
| 29 U.S.C. ยง 206 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
744
AMENDED ORDER terminating 738 Letter Motion for Extension of Time to File ; terminating 738 Letter Motion to Stay re: 738 CONSENT LETTER MOTION for Extension of Time to File - Plaintiffs' Motion for Clarification, Reconsideration and Certification for an Interlocutory Appeal addressed to Judge Andrew L. Carter, Jr. from Brent E. Pelton dated April 9, 2024. LETTER MOTION to Stay - All discovery deadlines pending settlement conference addressed to Judge Andre w L. Carter, Jr. from Brent E. Pelton dated April 9, 2024., 740 MOTION to Amend/Correct Clear Error in the March 28, 2024 Order and to Avoid Manifest Injustice. ; granting 740 Motion to Amend/Correct 738 CONSENT LETTER MOTION for Extension of Time to File - Plaintiffs' Motion for Clarification, Reconsideration and Certification for an Interlocutory Appeal addressed to Judge Andrew L. Carter, Jr. from Brent E. Pelton dated April 9, 2024. LETTER MOTION to St ay - All discovery deadlines pending settlement conference addressed to Judge Andrew L. Carter, Jr. from Brent E. Pelton dated April 9, 2024., 740 MOTION to Amend/Correct Clear Error in the March 28, 2024 Order and to Avoid Mani fest Injustice. The Court hereby AMENDS its prior Opinion and Order docketed at ECF No. 736 as to Plaintiffs' Tenth Cause of Action for breach of contract on the grounds that this claim is not predicated upon a theory of joint employer lia bility. As such, Plaintiffs' breach of contract claim is not implicated in Defendant's motion for partial summary judgment and is not dismissed. All other portions of the Court's prior Opinion and Order at ECF No. 736 are left unaltered. The Clerk of the Court is respectfully directed to terminate the motions docketed at ECF Nos. 738 and 740. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 4/25/2024) (jca)
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Filing
739
ORDER granting 737 Letter Motion for Extension of Time to File ; granting 737 Letter Motion to Stay re: 737 CONSENT LETTER MOTION for Extension of Time to File - Plaintiffs' Motion for Clarification, Reconsideration and Certificat ion for an Interlocutory Appeal addressed to Judge Andrew L. Carter, Jr. from Brent E. Pelton dated April 5, 2024. LETTER MOTION to Stay - All discovery deadlines pending settlement conference addressed to Judge Andrew L. Carter, Jr. from Brent E. Pelton dated April 5, 2024. SO ORDERED. The Clerk of the Court is respectfully directed to terminate the motion filed at ECF No. 737. (Signed by Judge Andrew L. Carter, Jr on 4/9/2024) (ate)
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Filing
736
OPINION AND ORDER re: 685 MOTION for Partial Summary Judgment . filed by Consolidated Edison Company of New York, Inc., 720 MOTION to Strike Document No. 695 Plaintiffs Rule 56.1 Counterstatement, and 696 the supporting Declaration of Plaintiff Victor Ballast. filed by Consolidated Edison Company of New York, Inc., 719 MOTION for Attachment Exhibit A to Declaration of Paul R. Piccigallo (under seal) . filed by Consolidated Edison Company of New York, Inc.. For the foregoing reasons, Defendants' motion for summary judgment is GRANTED. The Clerk of the Court is respectfully directed to terminate the motions docketed at ECF Nos. 685, 719, and 720. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 3/28/2024) (tg)
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Filing
712
ORDER: The Court hereby APPROVES the Class Notice. (Signed by Judge Andrew L. Carter, Jr on 7/25/2023) (ate)
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Filing
678
OPINION & ORDER re: 584 MOTION to Certify Class Pursuant to Federal Rule of Civil Procedure 23. filed by Victor Ballast, Staraisha Morris, Luis Simone, Andre Murray, Dwayne Dale, Raven Moses, Ismaiyl Jones, Ayanna Beacham. For the foregoing reasons, Plaintiffs motion for class certification is GRANTED. The parties are ordered to file a joint status report on or before April 18, 2023. (Signed by Judge Andrew L. Carter, Jr on 3/31/2023) (ate)
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Filing
675
ORDER granting 674 Letter Motion to Adjourn Conference. Application GRANTED. The status conference scheduled for March 9, 2023 is adjourned. The proposed briefing schedule for Con Edison's motion for summary judgment is GRANTED. The joint proposed discovery schedule is GRANTED. The Clerk of Court is respectfully directed to close ECF 674. SO ORDERED.. (Signed by Magistrate Judge Ona T. Wang on 3/8/2023) (jca)
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Filing
667
AMENDED OPINION & ORDER: Defendant's motion to dismiss is GRANTED. The Clerk of Court is respectfully directed to terminate ECF No. 603. This amended order is issued pursuant to Rule 60(a) and supersedes the prior order at ECF 650. (Signed by Judge Andrew L. Carter, Jr on 12/21/2022) (ate)
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Filing
666
ORDER: The Court held a Status Conference on December 13, 2022. (ECF 659). The parties filed a joint status letter on December 2, 2022. (ECF 658). As discussed on the record, the Court held the following: Discovery for Plaintiffs' prevailing wag e claims is not stayed. The parties shall proceed with discovery on Plaintiffs' prevailing wage claims. The parties are directed to file their stipulation for the dismissal of Defendant Andrew Muniz without prejudice no later than January 13, 20 23. The deposition of Steven Sebastopoli will conclude on January 23, 2023. The parties are directed to file a joint status letter by January 13, 2023. The parties should include in the letter a proposed discovery schedule, and a proposed briefing sc hedule for summary judgment on Plaintiffs' joint employer claims. The Court will hold an in-person Status Conference on March 7, 2023, at 11:00 a.m. in Courtroom 20D, 500 Pearl Street, New York, NY, 10007. The parties are directed to file a join t status letter by February 3, 2023. The letter should include a proposed agenda for the upcoming Status Conference on March 7, 2023. The Clerk of Court is respectfully directed to close ECF 660 since it was resolved by memo endorsement in ECF 661. S O ORDERED., ( Deposition due by 1/23/2023., Status Conference set for 3/7/2023 at 11:00 AM in Courtroom 20D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Ona T. Wang.), Motions terminated: 660 LETTER MOTION for Conference Request to Appear via Telephone at 12/13/2022 Conference addressed to Magistrate Judge Ona T. Wang from Taylor B. Graham dated 12/08/2022. filed by Victor Ballast, Luis Simone. (Signed by Magistrate Judge Ona T. Wang on 12/13/2022) (ama)
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Filing
659
ORDER: The Court held a Status Conference on November 2, 2022. (ECF 648). The parties filed a joint status letter on September 23, 2022. (ECF 647). As discussed on the record, the Court held the following: The parties joint request to vacate the stay with respect to the Griffin Defendants (ECF 647) was GRANTED. The stay with respect to the Griffin Defendants was vacated. Defendant Consolidated Edison Company of New York, Inc. ("Con Ed")'s request for leave to move to compel Pl aintiff to comply with the Courts order on April 23, 2021, was DENIED as moot. (ECF 571). Plaintiff was directed to produce to Defendant Con Ed the information as discussed at the conference by November 16, 2022. The parties were directed to meet and confer on what information was missing from Plaintiff's production due November 16, 2022; how to resolve Defendant Con Eds request for leave to seek dismissal of named Plaintiff Beacham; how to proceed with depositions; and the order of priorit y for outstanding discovery following the agreed upon depositions. (ECF 594). The parties were directed to file a joint status letter by December 2, 2022. The parties filed a joint status letter on December 2, 2022. (See ECF 658). The parties were directed to report if they had reached a resolution on Defendant Con Eds request for leave to seek dismissal of named Plaintiff Beachman (ECF 594) and, if not, if they intended to proceed with motions. If the parties intended to proceed with motion s, they must have provided a joint proposed briefing schedule. The parties were directed to propose a schedule for the depositions of Aaron Muniz, Winton Smith, and Steve Sebastopoli. The Court will hold a Status Conference on December 13, 2022, at 3 :00 p.m. in Courtroom 20D, 500 Pearl Street, New York, NY, 10007. SO ORDERED. (Signed by Magistrate Judge Ona T. Wang on 12/5/2022) ( Status Conference set for 12/13/2022 at 03:00 PM in Courtroom 20D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Ona T. Wang.) (ks)
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Filing
657
ORDER granting 656 Letter Motion to Adjourn Conference. The Court hereby ADJOURNS the previously scheduled conference until Monday December 19, 2022 at 4:00 p.m. Eastern time. All parties shall appear and should contact the Court at 1-888-363-4749(access code: 3768660). Telephone Conference set for 12/19/2022 at 04:00 PM before Judge Andrew L. Carter Jr. (Signed by Judge Andrew L. Carter, Jr on 11/28/2022) (ate)
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Filing
655
ORDER: The Court will hold a telephonic conference on Tuesday, December 6, 2022 at 4:00 p.m. Eastern Time. All parties shall appear and should contact the Court at 1-888-363-4749 (access code: 3768660). ( Telephone Conference set for 12/6/2022 at 04:00 PM before Judge Andrew L. Carter Jr.) (Signed by Judge Andrew L. Carter, Jr on 11/18/2022) (ate)
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Filing
650
OPINION & ORDER re: 603 MOTION to Dismiss The FLSA Claims of 121 of the Opt-In Plaintiffs. filed by Consolidated Edison Company of New York, Inc. Defendants motion to dismiss is GRANTED. The Clerk of the Court is respectfully directed to terminate ECF No. 603. (Signed by Judge Andrew L. Carter, Jr on 9/30/2022) (ate)
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Filing
640
ORDER: The Court will hold an in-person Settlement Conference on either August 5, 2022 at 10:00 a.m., or September 22, 2022 at 2:00pm at the Daniel Patrick Moynihan Courthouse, 500 Pearl St., Courtroom 20D. Counsel shall review and comply with th e Court's Individual Rules of Practice in Civil Cases § VII upon receipt of this Order. The parties are directed to meet and confer and file a joint status letter on July 28, 2022 indicating which date they prefer. (Signed by Magistrate Judge Ona T. Wang on 7/25/2022) (rro)
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Filing
629
ORDER, The Court will hold a Pre-Settlement Conference Scheduling Call on Thursday, March 10, 2022 at 2:00 p.m. The dial in information is (866) 390-1828, access code 158-2687. SO ORDERED. ( Telephone Conference set for 3/10/2022 at 02:00 PM before Magistrate Judge Ona T. Wang.) (Signed by Magistrate Judge Ona T. Wang on 3/3/22) (yv)
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Filing
623
ORDER granting 547 Letter Motion to Stay re: 547 denying 550 Letter Motion for Conference re: 547 . For the reasons stated on the record, this case is STAYED as to Griffin Security Services, Inc (Griffin) under 11 USC § 362(a). T he stay does not extend to any other individual defendants or to ConEd. Additionally, Plaintiffs spoliation motion against Griffin is DENIED as premature. The Clerk of Court is respectfully ordered to close ECF 547 and ECF 550. As discussed, Plain tiffs' counsel is directed to file a stipulation or dismissal, clarifying that individual defendants Alston, Yee and Lopez are dismissed from this case. The parties are directed to file a joint status letter on February 25, 2022 updating t he Court as to whether they are interested in pursuing settlement discussions at this time. See Individual Practices, Section VII, available at: https://nysd.uscourts.gov/sites/default/files /practice_documents/OTW%20Wang%20Individual%20Practices%20Mar%202020.pdf. So Ordered. (Signed by Magistrate Judge Ona T. Wang on 2/9/2022) (js)
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Filing
621
ORDER granting 619 Letter Motion for Extension of Time; denying 620 Letter Motion to Adjourn Conference. The parties are directed to meet and confer and inform the Court by February 4, 2022, whether they have reached an understanding as to th e impact of Michael's Smith bankruptcy on this case. The parties are further directed to inform the Court whether the additional discovery and cooperation cited in ECF 620 resolves Plaintiffs' request for spoliation sanctions against Defendant Griffin Industries. (ECF 550). The Clerk of Court is directed to close ECF 619 and 620. So Ordered.. (Signed by Magistrate Judge Ona T. Wang on 2/2/2022) (js)
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Filing
599
ORDER: As ordered at the December 1, 2021 conference, the Joint Employer document discovery deadline is extended to January 31, 2022. On January 21, 2022, Plaintiffs and Defendant Con Ed are directed to file a joint status letter setting out a plan for Joint Employer depositions. The parties are directed to appear for an in-person discovery status conference, in accordance with my Individual Rules, on February 9, 2022 at 11:00 am in Courtroom 20D at 500 Pearl Street, New York, NY 10007 . The parties must be prepared to discuss, at a minimum: (1) the status of joint employer discovery and litigation; and (2) the applicability of 11 U.S.C. § 362 to any other aspects of this litigation. SO ORDERED. ( Discovery due by 1/31/2022., Status Conference set for 2/9/2022 at 11:00 AM in Courtroom 20D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Ona T. Wang.) (Signed by Magistrate Judge Ona T. Wang on 12/3/2021) (vfr)
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Filing
591
ORDER: This afternoon, Griffins counsel informed the Court that he may not enter the Courthouse pursuant to the Restrictions on Entry to the Courthouse under this Districts COVID-19 protocol. Accordingly, the in-person discovery status conference scheduled for tomorrow, October 14, 2021, will instead be held on December 1, 2021 at 2:00 p.m. in Courtroom 20D, United States Courthouse, 500 Pearl Street, New York, New York. The parties are further directed to submit a joint letter by Novembe r 23, 2021, summarizing discovery to date, including any ripe disputes. ( Status Conference set for 12/1/2021 at 02:00 PM in Courtroom 20D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Ona T. Wang.) (Signed by Magistrate Judge Ona T. Wang on 10/13/2021) (tg)
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Filing
590
ORDER: The Court is in receipt of the parties' request to submit their joint status report originally due October 8, 2021 on October 12, 2021. (ECF 587). That request is GRANTED nunc pro tunc. The Court is also in receipt of Defendant Con Ed& #039;s request to convert the in- person status conference scheduled for October 14, 2021 to a teleconference or video conference. (ECF 588). That request is DENIED. While the Court is sympathetic to concerns about COVID-19 exposure in connecti on with litigating cases in this District, these concerns are reasonably mitigated by vaccines, masking, and the Southern District of New York's comprehensive and constantly evolving COVID-19 protocol. See https://www.nysd.uscourts.gov/co vid-19- coronavirus. The history and posture of this case require that we proceed in person. Griffin's counsel is directed to review the Restrictions on Entry to the Courthouse and advise the Court by 5:00 p.m. on October 13, 2021 if the Court's entry protocols would not permit attendance in person. So Ordered. (Signed by Magistrate Judge Ona T. Wang on 10/12/2021) (js)
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Filing
567
ORDER: The Court is in receipt of Plaintiffs' letter regarding their request for a pre-motion conference in connection with their anticipated motion for class certification and Defendant Con Edison's response. ECF Nos. 563, 566. Plaintif fs are hereby ORDERED to respond to Defendant's letter, specifically their contention that a motion for class certification is pre-mature at this stage of the litigation and their request, in the alternative, for a pre-motion conference in connection with Defendant's motion for summary judgment, by no later than August 23, 2021. So Ordered. (Responses due by 8/23/2021) (Signed by Judge Andrew L. Carter, Jr on 8/18/2021) (js)
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Filing
540
ORDER: The Court is in receipt of the parties April 15, 2021 joint letter. (ECF 509). It is HEREBY ORDERED that: By April 30, 2021, Plaintiffs are directed to provide to Defendants a chart with the following information for each opt-in plaintiff: respective dates of employment; the Con Edison projects to which they were supposedly assigned by the Griffin Defendants; and the nature and amount of the wages they claim are due them. The parties shall brief whether the automatic stay under 11 U.S.C. § 362 of the case against Defendant Smith applies to any other defendants in this case. Defendants motion to stay the action due by May 12, 2021. Any opposition shall be filed by May 26, 2021. Any reply shall be filed by June 9, 2021., (Motions due by 5/12/2021., Responses due by 5/26/2021, Replies due by 6/9/2021.) (Signed by Magistrate Judge Ona T. Wang on 4/23/2021) (nb)
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Filing
463
ORDER granting 462 Letter Motion for Extension of Time to File. Application granted. Joint status letter due by Apr. 15, 2021. The Court wishes Mr. Freedberg and his family well. SO ORDERED. (Signed by Magistrate Judge Ona T. Wang on 4/7/2021) (nb)
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Filing
172
OPINION & ORDER re: 114 MOTION for Conditional Certification and Court-Authorized Notice Pursuant to 29 U.S.C. § 216(b) . filed by Staraisha Morris, Andre Murray, Dwayne Dale, Raven Moses, Ismaiyl Jones, Ayanna Beacham. For the reasons stated above, Plaintiffs' motion for certification of a conditional collective (ECF 114) is GRANTED to the extent it is for Griffin flaggers who worked on Con Ed worksites. There shall be a three-year notice period, no equitab le tolling with the exception of the period between March 18, 2020 to May 29, 2020, and the proposed notice may be distributed by mail, email, text message, and social media. The parties shall meet and confer on the language of the proposed notice . Plaintiffs shall file the revised proposed notice by October 14, 2020. If Defendants still have objections to the notice's language after meeting and conferring with Plaintiffs, they may file objections and their preferred notice with a redline to Plaintiff's by October 21, 2020. The Clerk of Court is directed to close ECF 114. SO ORDERED. (Signed by Magistrate Judge Ona T. Wang on 9/30/2020) (rro)
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Filing
157
ORDER: The parties appeared for a status conference on July 9, 2020. As directed at the conference: By July 13, 2020, Griffin shall confirm to Plaintiffs whether it can access and produce electronic documents. In any event, Griffin is to comple te its production by August 31, 2020. Plaintiffs and ConEd shall prioritize discovery regarding the joint employer issue. Griffin and Plaintiffs to meet and confer regarding Griffin's Rule 30(b)(6) witness and the date by which the Rule 30(b)(6) deposition notice will be served. Parties shall file a joint status letter on September 14, 2020. SO ORDERED. (Signed by Magistrate Judge Ona T. Wang on 7/10/2020) (rro)
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Filing
139
ORDER: The parties submitted a rambling seven-page status letter using minuscule font. (ECF 133). It is unclear to the Court what relief the parties seek, and if the parties have any discovery disputes. If the parties would like any resol ution from the Court, the parties must file a joint status letter by June 12, 2020. Each issue must be denoted by a separate heading. The joint letter must be in 12-point font and no longer than three pages. Clarity and brevity, as always, is encouraged. (Signed by Magistrate Judge Ona T. Wang on 6/3/2020) (mro)
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Filing
130
MEMO ENDORSEMENT on 129 granting 127 Letter Motion for Extension of Time to File. ENDORSEMENT: Application Granted. Opposition due May 29, 2020. Reply due June 19, 2020. The Clerk is directed to close ECF 127. SO ORDERED. (Signed by Magistrate Judge Ona T. Wang on 4/27/2020) (rro)
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Filing
124
ORDER: It is hereby ORDERED, that counsel shall conduct work remotely. This includes, but is not limited to, client meetings, work meetings, and hand deliveries of courtesy copies to the Court (courtesy copies can be sent via email or mail). It i s further ORDERED, that no in-person depositions shall take place on or before April 30, 2020, absent a showing of exceptionally good cause. For depositions planned on or after May 1, 2020, parties shall submit a joint status letter with depositio n plan(s) fourteen (14) days before the planned deposition(s). It is further ORDERED, pursuant to Fed. R. Civ. P. 16(b)(4), that all unexpired discovery deadlines are hereby EXTENDED for a period of 60 days. Counsel shall file a joint proposed ord er with the new discovery deadlines within seven (7) days of this Order. Nothing in this Order prevents the parties from seeking to further modify the pretrial schedule in light of the COVID-19 pandemic (or for any other good cause). Before seekin g 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. It is further ORDERED that if counsel has any private, personal, familial or medical concerns that they need to share with the Court that would necessitate further orders, counsel may email Wang_NYSDChambers@nysd.uscourts.gov ex parte provided that they advise the other parties that they will be contacting the Court ex parte. SO ORDERED. (Deposition due by 4/30/2020.) (Signed by Magistrate Judge Ona T. Wang on 3/18/2020) (jca)
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Filing
120
ORDER: The March 18, 2020 pre-motion conference is hereby adjourned sine die. By March 18, 2020, Plaintiffs shall either (a) file their motion for conditional certification or (b) file a letter stating that they wish to rely on their prior briefing (ECF 114-116). By April 1, 2020, Defendants shall file their opposition to Plaintiffs' motion. Plaintiffs' reply, if any, is due April 8, 2020. ( Motions due by 3/18/2020., Responses due by 4/1/2020, Replies due by 4/8/2020.) (Signed by Magistrate Judge Ona T. Wang on 3/12/2020) (mro)
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Filing
108
ORDER denying as moot 91 Motion for Entry of Default. On June 24, 2019, Defendants Griffin Industries, Griffin Security Services, Michael Smith, Winston Smith, Andrew Muniz, Aaron Muniz, Dane Yee, Mario Lopez, and Sexton Alston ("G riffin Defendants") were granted an extension of time until July 10, 2019 to file an Answer, with Plaintiffs' consent. (ECF 96). The Griffin Defendants subsequently filed their Answer on July 10, 2019. (ECF 100). Defendants Grant Assoc iates, Nique Irving, and Workforce 1 were dismissed from this action by Plaintiffs. (ECF 98). Accordingly, any request for a default is DENIED as moot. The Clerk of Court is directed to close ECF 91. (Signed by Magistrate Judge Ona T. Wang on 12/10/2019) (mro)
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Filing
107
STIPULATED AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material...SO ORDERED. (Signed by Magistrate Judge Ona T. Wang on 12/6/2019) (rro)
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Filing
73
OPINION AND ORDER re: 67 FIRST MOTION to Dismiss the third amended complaint. filed by International Brotherhood of Electrical Workers Local 1430. Plaintiffs' final claim for relief alleges that Defendants violated Articles 18 a nd 25-B of the New York State Unemployment Insurance Laws. TAC, para. 188-190. There are no allegations in the TAC that relate to this claim. Thus, it is dismissed as to Defendant Local 1430. For the aforementioned reasons, Defendant Local 1430's Motion to Dismiss is hereby GRANTED. SO ORDERED (Signed by Judge Andrew L. Carter, Jr on 5/2/2019) (rj)
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Filing
66
OPINION AND ORDER re: 58 MOTION to Dismiss Plaintiffs' Third Amended Complaint filed by Consolidated Edison Company of New York, Inc. For the foregoing reasons, Defendant's Motion to Dismiss is hereby GRANTED as to Plain tiffs' claims of fraud and violations of New York insurance law. Further, Defendant's Motion is hereby GRANTED regarding the retaliation claims alleged by Plaintiffs Morris and Moses only. Defendant's Motion is otherwise DENIED. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 3/22/2019) (anc)
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