Tracy v. NVR, Inc.
| 6:2004cv06541 |
| October 29, 2004 |
| US District Court for the Western District of New York |
| Rochester Office |
| David G. Larimer |
| Marian W. Payson |
| Labor: Fair Standards |
| 29 U.S.C. ยง 201 Fair Labor Standards Act |
| Both |
Follow case documents by RSS
Available Case Documents
The following documents for this case are available for you to view or download:
| Document Text |
|---|
Filing
721
ORDER denying plaintiff's 719 Motion to Bifurcate. Signed by Hon. David G. Larimer on 9/11/13. (EMA)
|
|
Filing
716
ORDER granting NVR's motion to decertify this FLSA collective action 616 , and plaintiffs' motion to certify a Rule 23 class action 693 is denied. NVR's motions for summary judgment 607 , 610 , 613 , plaintiffs' cross motio n for summary judgment 662 , NVR's motion to strike 679 , and plaintiffs' motion to strike 654 are denied as moot. This action will proceed solely on behalf of the named plaintiff, Patrick Tracy, and the claims of all other, opt-in plaintiffs are hereby dismissed, without prejudice. Signed by Hon. David G. Larimer on 4/29/13. (EMA)
|
|
Filing
704
ORDER re Defendant NVR, Inc. requests that the Court strike plaintiffs' pending motion for class certification 693 , or in the alternative, stay consideration of the certification motion until after the Court has considered the defendants' motion for decertification of the FLSA collective action 616 ), which was filed first. 700 . Plaintiffs oppose this request, and urge that the motions be decided simultaneously. In order to maximize judicial efficiency, the motions will be addressed in the order in which they were filed. Signed by Hon. David G. Larimer on 5/2/12. (EMA)
|
|
Filing
648
ORDER denying plaintiff's 591 Motion for Leave to Appeal and denying plaintiff's request for costs and attorneys fees relating to this motion 598 . Signed by Hon. David G. Larimer on 11/8/11. (EMA)
|
|
Filing
626
ORDER that plaintiff must respond to motions 607 , 610 , 613 and 616 by 11/14/11. Signed by Hon. David G. Larimer on 9/7/11. (EMA)
|
|
Filing
623
ORDER that the Court reserves on 607 610 613 618 relative to scheduling pending resolution by Magistrate Judge Payson of the schedule concerning remaining discovery. Therefore, I await further guidance from the parties and Magistrate Judge Payson, if necessary, to establish the parameters of additional discovery. Once I have that information, I will determine the appropriate scheduling for the pending motions. Signed by Hon. David G. Larimer on 8/22/11. (EMA)
|
|
Filing
584
ORDER affirming the decision of Magistrate Judge Payson entered orally on 3/9/11 that the statement contained in the defendant's 1/18/07 letter constituted a waiver of the attorney-client privilege. In her ruling, the Magistrate Judge anticipat ed that the parties would return to resolve issues relating to the scope of the waiver. I expect, therefore, that the parties will make an attempt to work together to resolve this aspect of the discovery issue. Failing that, they must return to Magistrate Judge Payson for her ruling on the matter. Signed by Hon. David G. Larimer on 6/14/11. (EMA)
|
|
Filing
554
ORDER denying NVRs application to modify or set aside 491 the July 1, 2010 Order of United States Magistrate Judge Marian Payson 489 . Signed by Hon. David G. Larimer on 2/23/11. (EMA)
|
|
Filing
510
ORDER denying Tracy's motion to enforce the settlement agreement 404 . Tracy's motion to file stipulations of voluntary dismissal of the claims of Allison Wildman and Christine Gebhardt 452 is granted, and plaintiff is instructed to file such stipulations within 20 days of entry of this Decision and Order. NVR's motion to dismiss those claims and for sanctions 439 is denied. Signed by Hon. David G. Larimer on 9/16/10. (EMA)
|
|
Filing
451
ORDER ADOPTING REPORT AND RECOMMENDATIONS of United States Magistrate Judge Marian W. Payson 438 to the extent described in this decision and order. I modify the Report and Recommendation concerning Tracy's motion to amend the complaint, and t hat motion is accordingly denied in its entirety. 336 . Tracy's motion to strike nine of NVR's affirmative defenses 347 is granted, and NVR is granted leave to amend its answer to replead any such defenses with supporting facts, within 20 days of entry of this order. Signed by Hon. David G. Larimer on 11/5/09. (EMA)
|
|
Filing
443
ORDER that the following matters having come before the Court for hearing on 6/14/07 135 , it is hereby ordered as follows:Defendant NVR's motion seeking partial dismissal of the Second Amended Complaint 91 was and is granted, effective 6/14/ 07. Pursuant to 28 U.S.C. §1367(c), the Court declines to exercise jurisdiction over the Third Cause of Action in plaintiffs' Second Amended Complaint, which asserts claims under the laws of states other than New York, on the grounds that such claims may predominate over the plaintiffs' federal claim in this matter 136 . Plaintiffs' motion for expedited notice to affected employees 45 was and is granted, effective 6/14/07. Defendant's motions for class certification and expedited notice 45 , 87 are denied as moot, given the Courts grant 397 of the parties' joint motion for partial settlement 359 , which requested nearly identical relief. Defendant's motion for an order prohibiting contact with pu tative class members and for sanctions 125 is denied, since pursuant to the Court's instructions at the 6/14/07 hearing, the parties thereafter reached a mutual agreement concerning the manner and extent to which class members may be contacted. Signed by Hon. David G. Larimer on 10/8/09. (EMA)
|
|
Filing
438
DECISION & ORDER denying 376 Motion to Preclude. Signed by Hon. Marian W. Payson on 9/30/2009. (KAH)
|
|
Filing
394
ORDER denying Tracy's 269 Motion for Summary Judgment. Signed by Hon. David G. Larimer on 2/23/09. (EMA)
|
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Western District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
| Search for this case: Tracy v. NVR, Inc. | |
|---|---|
| Search News | [ Google News | Marketwatch | Wall Street Journal | Financial Times | New York Times ] |
| Search Web | [ Unicourt | Legal Web | Google | Bing | Yahoo | Ask ] |
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
