Ellersick et al v. Monro Muffler Brake, Inc. et al
| John Ellersick, David Ellersick, Travis Myles, Lewis C. Youngs, Jr. and Richard Curry, Jr. |
| Monro Muffler Brake, Inc. and Monro Service Corporation |
| 6:2010cv06525 |
| September 14, 2010 |
| US District Court for the Western District of New York |
| Rochester Office |
| Wayne |
| Charles J. Siragusa |
| Fair Labor Standards Act |
| 29 U.S.C. ยง 201 |
| Plaintiff |
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Filing
243
DECISION AND ORDER: Plaintiff's request (ECF No. 227) to certify an interlocutory appeal under 28 U.S.C. § 1292(b) is DENIED. The parties shall appear on 10/6/17 at 2:45pm to set a trial date. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 9/26/17. (SCE)
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Filing
226
DECISION AND ORDER: Defendants' Motions to Decertify and Deny Class Certification (ECF Nos. 175, 176) are GRANTED; Plaintiffs' Motion for Class Certification (ECF No. 182) is DENIED, and the parties' respective partial summary judgment motions (ECF Nos. 210, 218) are DENIED WITHOUT PREJUDICE. The opt-in Plaintiffs are DISMISSED from this action without prejudice. The claims of the five named Plaintiffs remain pending in this case. In addition, the parties are encouraged to di scuss between themselves whether renewed mediation of this matter would now be appropriate, either through the district's Alternative Dispute Resolution program, or through a judicially mediated settlement conference. The Court is ready and willing to conduct a settlement conference with the parties if they desire the Court's assistance. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 3/31/17. (SCE)-CLERK TO FOLLOW UP-
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