Jock et al v. Sterling Jewelers, Inc
| Laryssa Jock, Jacquelyn Boyle, Christy Chadwick, Lisa Follett, Maria House, Denise Maddox, Lisa McConnell, Gloria Pagan, Judy Reed, Linda Rhodes, Khristina Rodriguez, Nina Shahmirzadi, Leighla Smith, Marie Wolf, Kelly Contreras and Dawn Souto-Coons |
| Sterling Jewelers, Inc |
| Sterling Jewelers, Inc |
| Linda Rhodes, Khristina Rodriguez, Nina Shahmirzadi, Kelly Contreras, Leighla Smith, Dawn Souto-Coons, Marie Wolf, Laryssa Jock, Jacquelyn Boyle, Christy Chadwick, Lisa Follett, Maria House, Denise Maddox, Lisa McConnell, Gloria Pagan and Judy Reed |
| 2:2008cv02875 |
| March 18, 2008 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Jed S. Rakoff |
| Civil Rights: Jobs |
| 29 U.S.C. ยง 206 FLSA: Minimum Wage |
| Plaintiff |
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Filing
176
ORDER: ORDERED that this case is remanded to the American Arbitration Association for further proceedings in this arbitration. (Signed by Judge Jed S. Rakoff on 1/27/2021) (jwh) Transmission to Docket Assistant Clerk for processing.
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Filing
168
OPINION AND ORDER re: 162 MOTION to Vacate the Arbitrator's Class Determination Award. filed by Sterling Jewelers, Inc. The Court finds that the Arbitrator may not so bind non-parties to class action procedures where, as h ere, the Court has determined that the arbitration agreement does not, in fact, permit class action procedures. Therefore the Court finds that the Arbitrator here had no authority to decide whether the RESOLVE agreement permitted class action proce dures for anyone other than the named parties who chose to present her with that question and those other individuals who chose to opt in to the proceeding before her. See Granite Rock, 561 U.S. at 299; see also Porzig v. Dresdner, Kleinwort, Benson, N. Am. LLC, 497 F.3d 133, 140-41 (2d Cir. 2007). As the arbitrator exceeded her powers, see Porzig, 497 F.3d at 140 (an arbitrator exceeds her powers when she "goes beyond [the] self-limiting agreement between consenting parties"), the Cou rt grants Sterling's motion to vacate the February 2, 2015 Award in so far as that Award certifies a class that includes individuals who have not affirmatively opted in to the arbitral proceedings. The Clerk is directed to close docket entry number 162. SO ORDERED. (Signed by Judge Jed S. Rakoff on 1/15/18) (yv)
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Filing
151
OPINION AND ORDER: re: 146 MOTION to Vacate both the Equal Pay Act Collective Action Conditional Certification Award and Order Re Claimants Motion For Tolling Of EPA Limitations Period entered on February 29, 2016 in the matter pending b efore the American Arbitration Asso filed by Sterling Jewelers, Inc. For all these reasons, the Court holds that it lacks jurisdiction to review the Arbitrator's Conditional Certification Award and Tolling Order. The Clerk of Court is directed to close docket entry 146. SO ORDERED. (Signed by Judge Jed S. Rakoff on 5/22/2016) (ama)
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Filing
144
OPINION AND ORDER re: 135 MOTION to Vacate The Arbitrator's Class Determination Award, filed by Sterling Jewelers, Inc. The Court is not unmindful of the high standard for vacating an arbitration award. But deference to arbitr ators is not without its limits; and the Court declines to hold that a ruling lacking "barely colorable justification" in black-letter law or common sense must be upheld purely because it issued from an arbitrator's pen. The Court ther efore grants Sterling's motion to vacate the Arbitrator's class determination award to the extent that it permits individuals to opt out of a class certified for the purposes of seeking classwide injunctive and declaratory relief. In all other respects, the award is confirmed. The Clerk of Court is directed to close docket number 136. (As further set forth in this Order.) (Signed by Judge Jed S. Rakoff on 11/15/2015) (spo)
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Filing
66
OPINION AND ORDER:#98407 The Court therefore reaffirms its August 31 ruling and denies the motion to vacate the arbitrators ruling or stay the arbitration proceedings. The parties are, however, directed to apprise the Court in writing, every three months beginning January 15, 2010, of the status of the arbitration. (Signed by Judge Jed S. Rakoff on 12/28/2009) (jpo) Modified on 12/31/2009 (ajc).
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