Hardgers-Powell et al v. Angels In Your Home LLC et al
| Rose Hardgers-Powell and Yolanda Clay |
| Angels In Your Home LLC, Angels in your home, Andy Wegman and David Wegman |
| 6:2016cv06612 |
| September 7, 2016 |
| US District Court for the Western District of New York |
| Rochester Office |
| Monroe |
| Frank P. Geraci |
| Fair Labor Standards Act |
| 15 U.S.C. ยง 2 |
| Plaintiff |
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Filing
120
DECISION AND ORDER granting in part and denying in part 112 Defendants' Renewed Motion for Summary Judgment and granting 113 Plaintiffs' Renewed Motion for Summary Judgment. By October 25, 2019, Defendants shall submit documenta tion to Plaintiffs to establish the amount already paid. If Plaintiffs dispute the sufficiency of the documentation as to any class member, the parties may seek resolution from the Court. To ensure that this matter proceeds expeditiously, the Court will schedule a status conference for November 13, 2019 at 11:00 A.M. At the status conference, the parties may present any remaining disputes concerning actual damages on the NYLL Overtime claim, and they should be prepared to discuss how this matter should proceed to its conclusion in light of the Court's rulings. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 10/4/2019. (MFM)
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Filing
105
DECISION AND ORDER: For the reasons discussed herein, the Court rules as follows:1. Plaintiffs' Motion to Certify Class 77 is GRANTED IN PART and DENIED IN PART:a. The motion is granted insofar as the Court certifies the NYLL O vertime Subclass. The subclass is defined as follows:All current or former employees of Defendants who provided care, assistance or companionship to individuals within their homes during the period January 1, 2015 through December 31, 2015, a nd who were paid by the hour but not paid at least one and one-half times their regular hourly rate for all hours worked in excess of forty in a single workweek.b. The motion is denied insofar as the Court declines to certify the NYLL Wage-No tice Subclass.c. Plaintiffs' counsel - Justin M. Cordello and Robert L. Mullin - are appointed as class counsel.d. The parties are ordered to confer and submit a jointly acceptable notice that is consistent with this Decision and Order and may be sent to subclass members. The parties shall submit a joint motion to the Court with the proposed notice by April 8, 2019. If the parties cannot come to an agreement, they shall submit competing proposed notices.2. Plaint iffs' Motion for Partial Summary Judgment 89 is GRANTED IN PART, DENIED IN PART, and DENIED IN PART WITHOUT PREJUDICE:a. The motion is granted insofar as Plaintiffs are entitled to summary judgment against David Wegman on the issue of liability for the NYLL Overtime claim.b. The motion is denied insofar as Plaintiffs request summary judgment against David Wegman on the NYLL Wage-Notice claim.c. The motion is denied without prejudice insofar as Plaintiffs request su mmary judgment on the issue of compensatory damages, liquidated damages, interest, attorney's fees, and costs for the NYLL Overtime claim. By April 8, 2019, Plaintiffs may, after they have met and conferred with Defendants, file a renewed motion for summary judgment with respect to damages on the NYLL Overtime Claim.d. The Court orders the parties as follows:i. By March 4, 2019, the parties shall meet and confer regarding the amount of unpaid overtime wages owed to each memb er of the NYLL Overtime Subclass;ii. By April 8, 2019, the parties shall jointly submit a memorandum to the Court. That memorandum shall contain the following:1. As to amounts that the parties agree are owed to subclass members, the m emorandum shall identify (1) the name of each subclass member, and (2) the amount of unpaid wages owed to that subclass member;2. As to amounts over which the parties disagree, the memorandum shall identify (1) the name of each subclass membe r, (2) the amount that Plaintiffs allege is owed to that subclass member, supported by citations to specific record evidence, and (3) the amount that Defendants allege is owed to that subclass member, supported by citations to specific record evidenc e; and 3. The memorandum shall contain the parties' respective proposals for how the Court should proceed to resolve any damages issues that are not susceptible to resolution on summary judgment.3. Defendants' motion for partial summary judgment 90 is GRANTED IN PART, DENIED IN PART, and DENIED IN PART WITHOUT PREJUDICE:a. The motion is granted insofar as Defendants Angels In Your Home LLC and Andy Wegman are entitled to summary judgment on all claims. The Clerk of Court is directed to terminate these two defendants from the action.b. The motion is denied without prejudice insofar as Defendants request summary judgment on various damages issues. By April 8, 2019, Defendants may, after they hav e met and conferred with Plaintiffs, file a renewed motion for summary judgment as to damages.c. The motion is otherwise denied. SO ORDERED. Signed by Hon. Frank P. Geraci, Jr. on 1/30/2019. (MFM)-CLERK TO FOLLOW UP-
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