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17-235 - Morse et al v. Alpine Access, Inc. et al


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17-235 - Morse et al v. Alpine Access, Inc. et al
September 26, 2017
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REPORT AND RECOMMENDATIONS re 46 First MOTION to Dismiss Named Plaintiff Sandy Morowitz Pursuant to Fed. R. Civ. P. 41(b) filed by Sykes Enterprises, Inc.,Alpine Access, Inc. RECOMMENDED, that the defendants motion to dismiss all claims of plaintiff Sandy Morowitz (Dkt. No. 46) be GRANTED, as explained above, and it is further RECOMMENDED, that the claims of plaintiff Sandy Morowitz under the Fair Labor Standards Act be DISMISSED WITH PREJUDICE, and it is further RECOMMENDED, that claims of Sandy Morowitz as a named plaintiff under the New York Labor Law or other state law be DISMISSED WITHOUT PREJUDICE to her future participation, to the extent the court deems appropriate, as an absent class member on those state law claims, if the Rule 23 class action becomes certified. Objections to R&R due by 10/10/2017. Signed by US Magistrate Judge Andrew T. Baxter on 9/26/2017. (khr)
November 8, 2017
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ORDER adopting 60 Report and Recommendations and granting 46 Motion to Dismiss all claims of Plaintiff Sandy Morowitz. The claims of Plaintiff Sandy Morowitz under the Fair Labor Standards Act are DISMISSED with prejudice; claims of Sandy Morowitz as a named plaintiff under the New York Labor Law or other state law are DISMISSED WITHOUT PREJUDICE to her future participation, to the extent the Court deems appropriate, as an absent class member on those state law claims, if the Rule 23 class action becomes certified. Signed by Judge Brenda K. Sannes on 11/8/17. (rjb, )
November 9, 2017
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disbursements or attorneys' fees to any party. Signed by Judge Brenda K. Sannes on 11/9/17. (rjb, )ORDER that the Fair Labor Standards Act claims of Opt-in Plaintiff LaCurya Body in the above-captioned action be dismissed in their entirety, with prejudice, pursuant to the Parties' agreed-upon Dismissal Protocol (DKT 52), and without costs,
November 9, 2017
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ORDER that the Fair Labor Standards Act claims of Opt-in Plaintiff Justin Frey in the above-captioned action be dismissed in their entirety, with prejudice, pursuant to the Parties' agreed-upon Dismissal Protocol (DKT 52), and without costs, disbursements or attorneys' fees to any party. Signed by Judge Brenda K. Sannes on 11/9/17. (rjb, )
November 27, 2017
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ORDER that the Fair Labor Standards Act claims of Opt-in Plaintiff Shawnee Steele in the above-captioned action be dismissed in their entirety, with prejudice, pursuant to the Parties' agreed-upon Dismissal Protocol (DKT 52), and without costs, disbursements or attorneys' fees to any party. Signed by Judge Brenda K. Sannes on 11/27/17. (rjb, )
March 30, 2018
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ORDER granting in part and denying in part 30 Motion to Dismiss for Failure to State a Claim. Count IV, Count VI, and Count VII of the Complaint (Dkt. No. 1) are DISMISSED without prejudice. Plaintiff may amend the Complaint within THIRTY (30) days in accordance with this Order. Signed by Judge Brenda K. Sannes on 3/30/18. (rjb, )