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10-591 - Roach et al v. T.L. Cannon Corp. et al


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10-591 - Roach et al v. T.L. Cannon Corp. et al
January 4, 2011
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REPORT, RECOMMENDATION AND ORDER: It is ORDERED that certification of this action as a collective action for purposes of the FLSA be GRANTED, in part, but otherwise DENIED. It is RECOMMENDED that Plaintiff's 13 Motion for Rule 23 class certification with regard to their claims under the NY Labor Law be DENIED, without prejudice. The parties are directed to negotiate and submit to the court w/in 30 days, either a form collective action notice, or alternatively, counter-proposed language for inclusion in such notice. Objections to R&R due by 1/18/2011. Signed by Magistrate Judge David E. Peebles on 1/4/2011. (amt)
March 3, 2011
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DECISION AND ORDER adopting 36 Report and Recommendations. Granting in part and denying in part 13 Motion to Certify Class. Parties are to negotiate and submit to the Court by 4/2/11, either a form collective action notice acceptable to both parties, or, alternatively, counter-proposed language for inclusion in such a notice. Signed by Senior Judge Thomas J. McAvoy on 3/3/11. (sfp, )
May 15, 2012
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ane Sukup serve upon defendants' counsel verifications to accompany their responses to defendants' first set of interrogatories. It is further ordered that the parties confer and mutually agree upon the taking of depositions of up to six of the remaining plaintiffs in this action, at mutually convenient dates, times and locations within 30 days of this order. Objections to R&R due by 6/1/2012. Signed by Magistrate Judge David E. Peebles on 5/15/2012. (jmb) Modified on 6/6/2012 to include this R/R is re the 63 letter motion (sal, ).REPORT AND RECOMMENDATIONS re 63 letter motion: It is recommended that all claims brought by plaintiff's Edward B. Arnold, Shiree A. Bailey, Morgan A. Major, Courtney Manderville, Joan Montouri, Matt Ellison, Brittany McCellan, Jessica Novobilski, Christine Turner, Sara Konop and Ryan J. Konop in this action be DISMISSED, further it is ordered that within 21 days, plaintiffs Melissa Longo, Matthew Roach, Garrett Titchen, Jennifer Capra, Nicole Mariani, Rebecca Hill, Josiah Mc Bride and Di
June 13, 2012
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DECISION AND ORDER adopting 67 Report and Recommendations. Ordered that the claims brought by pltfs Arnold, Bailey, Major, Manderville, Montouri, Ellison, McCellan, Novobilski, Turner, S. Konop, and R. Konop are dismissed. Ordered that within 21 days of the date of this order pltfs Longo, Roach, Titchen, Capra, Mariani, Hill, McBride, and Sukup serve upon defts' counsel verifications to accompany their responses to defts' first set of interrogatories. Ordered that the parties confer and mutually agree upon the taking of depositions of up to 6 of the remaining pltfs in this action, at mutually convenient dates, times, and locations within 30 days of the date of this order. If these pltfs fail to respond, their claims will be dismissed. Signed by Senior Judge Thomas J. McAvoy on 6/13/12. (sfp, )
August 24, 2012
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DECISION AND ORDER granting in part and denying in part Defts' 66 Motion for Partial Summary Judgment. The motion is granted inasmuch as the claims, as stated, are dismissed. The motion is denied in all other respects. Signed by Senior Judge Thomas J. McAvoy on 8/24/12. (sfp, )
March 5, 2013
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part, and that the persons authorized to opt-in as collective action plaintiffs include those falling within the class as noted herein. Further, it is RECOMMENDED that Plaintiffs' motion for rule 23 class certification with regard to their claims under the NYLL be GRANTED in part and DENIED in part as noted herein. Objections to R&R due by 3/22/2013. Signed by Magistrate Judge David E. Peebles on 3/4/2013. (nmk) Modified on 8/20/2013, Report-Recommendation and Order vacated in part pursuant to the # 123 Order. (nmk).***VACATED IN PART*** REPORT AND RECOMMENDATIONS AND ORDER: Regarding the # 91 MOTION to Certify Class and Collective Action, it is ORDERED that the certification of this action as a collective action for purposes of the FLSA be GRANTED, in
March 29, 2013
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DECISION & ORDER -- The Court severs that much of 111, Defendants objections, as constitutes a FRCP 72(a) appeal from that portion of Magistrate Judges Peebles 3/5/13, 109 R&R and Order, that ruled on certifying a FLSA collective action. The Court Clerk is directed to re-file a complete copy of 111 Defendants Objections, and caption the new filing as an appeal from that portion of Magistrate Judge Peebles 3/5/13 109 R&R and Order, that ruled on Plaintiffs 91 Motion for Certification of a FLSA collective action. The Clerk shall place the matter on the next available motion calendar consistent with the Local Rules motion filing requirements, and a response, if desired by Plaintiffs, can be filed in accordance with the Local Rules. The appeal will be treated as if filed on 3/22/13. For statistical purposes, the Clerk shall treat that portion 91 of Magistrate Judge Peebles 3/5/13, 109 R&R and Order that ruled on Plaintiffs 91 motion for FLSA collective action certification, as decided, and shall begin a new statistical tracking period for Defendants appeal from this portion of Magistrate Judge Peebles 3/5/13 R&R and Order. The Court adopts in part and modifies in part the findings and recommendations made by Magistrate Judge Peebles in his 3/5/13, 109 R&R and Order. That much of 91 Plaintiffs Motion to Certify Class, seeking FRCP 23 class action certification of the New York State Labor Law claims is DENIED in its entirety. Signed by Senior Judge Thomas J. McAvoy on 3/29/13. (mnm)
December 15, 2016
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REPORT AND RECOMMENDATION: It is RECOMMENDED that the Defendants # 212 Letter Motion be GRANTED, in part, to the extent it seeks dismissal of all claims asserted by FLSA opt-in Plaintiffs Amanda Blesinger, Mary A. Brooks, Teresa Congiusti, Rachel Cortesi, Davetta Darity, Joanna E. Gleason, Jessica Hagerty, Catherine (Hagerty) Perez, Angela M. Harrington (Krezmer), Nicole Jerard, Robyn King, Joseph M. Marino, Stacey L. McLeer, Elena J. Morales, Anthony J. Pacheco, Jill Scalzo, Meghan K. Smith, Meghan A. Tuma (Zafuto), Tara A. Werner, and Johnathan M. Williamson; and it is further RECOMMENDED that the Defendant's # 212 Motion be DENIED, in part, to the extent is seeks dismissal of all claims asserted by FLSA opt-in plaintiffs Amy Barber, Lisa Cook, and Amanda Resue. Pursuant to 28 U.S.C. § 636(b)(1), the parties may lodge written objections to the foregoing report. Such objections must be filed with the clerk of the court within FOURTEEN days of service of this report. FAILURE TO SO OBJECT TO THIS REPORT WILL PRECLUDE APPELLATE REVIEW. 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 6(a), 6(d), 72; Roldan v. Racette, 984 F.2d 85 (2d Cir. 1993). It is hereby ORDERED that the clerk of the court serve a copy of this report and recommendation upon the parties in accordance with this court's local rules. Objections to R&R due by 1/3/2017 Case Review Deadline 1/5/2017. Signed by Magistrate Judge David E. Peebles on December 15, 2016. (rep)
January 9, 2017
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DECISION AND ORDER: Adopting the # 216 REPORT AND RECOMMENDATIONS, and granting in part and denying in part the # 212 Letter Request, as follows: The motion is GRANTED and all claims are dismissed with respect to the following Plaintiffs: Amanda Blesinger, Mary A. Brooks, Teresa Congiusti, Rachel Cortesi, Davetta Darity, Joana E. Gleason, Jessica Hagerty, Catherine (Hagery) Perez, Angela Harrington (Krezmer), Nicole Jerard, Robyn King, Joseph M. Marino, Stacey L. McLeer, Elena J. Morales, Anthony J. Pacheco, Jill Scalzo, Meghan K. Smith, Meghan A. Tuma (Zafuto), Tara A. Werner, and Jonathan M. Williams. The motion is DENIED with respect to the claims of: Amy Barber, Lisa Cook, and Amanda Resue. Signed by Senior Judge Thomas J. McAvoy on January 9, 2017. (rep)