MacPherson et al v. Firth Rixson Limited et al
| William D. MacPherson and Leslie L. Saiers |
| Firth Rixson Limited and Firth Rixson, Inc. |
| 6:2012cv06162 |
| March 29, 2012 |
| US District Court for the Western District of New York |
| Rochester Office |
| Monroe |
| Charles J. Siragusa |
| Fair Labor Standards Act |
| 29 U.S.C. ยง 201 |
| Plaintiff |
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Filing
43
DECISION AND ORDER granting 3 Motion for Leave to File Excess Pages; granting 40 Motion for Leave to File NUNC PRO TUNC; granting in part and denying in part 5 Motion to Certify Class; denying 18 Motion to Dismiss; denying as moot 19 Motion to Stay; denying 20 Motion to Dismiss; denying as moot 22 Motion to Stay.. Plaintiffs application for Rule 23 class certification is denied, without prejudice, as being premature. The application for conditional certification of the FLSA colle ctive action is granted as to employees of the Monroe facility, and is otherwise denied, without prejudice. By separate order the Court is denying Defendants motion to dismiss [#18][#20]. Plaintiffs motion [#3] for an extension of page-limits and Defendants motion [#40] for leave to file a sur-reply are granted, nunc pro tunc. The remaining pending motions [#19] [#22] for a stay are denied as moot.Signed by Hon. Charles J. Siragusa on 6/27/12. (KAP)
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