Rosato v. City of New York
Rosato v. City of New York
Trial Court Opinion
USONUITTEHDE RSTNA DTIESST RDIICSTT ROIFC TN ECWOU YROTR K -------------------------------------------------------------X- : JON ROSATO, on behalf of himself and similarly : situated individuals, : 19 Civ. 10559 (LGS) : Plaintiff : ORDER : -against- : : THE CITY OF NEW YORK, : : Defendant. : -------------------------------------------------------------X
LORNA G. SCHOFIELD, District Judge: WHEREAS, the parties have proposed filing a pre-motion letter and scheduling a pre- motion conference for conditional certification of a Fair Labor Standards Act (“FLSA”) collective (Dkt. 34). It is hereby ORDERED that, given the lenient standard for conditional certification, see Varghese v. JP Morgan Chase & Co., Nos. 14 Civ. 1718, 15 Civ. 3023,
2016 WL 4718413, at *5 (S.D.N.Y. Sept. 9, 2016) (“Plaintiff’s burden is minimal because the determination that the parties are similarly situated is merely a preliminary one . . . .” (quoting Lee v. ABC Carpet & Home,
236 F.R.D. 193, 197(S.D.N.Y. 2006))), the parties are directed to meet and confer regarding the possibility of stipulating to conditional certification and the form of notice, reserving all of Defendant’s rights to object to any final certification under the more rigorous standard that applies at that stage. It is further ORDERED that Plaintiff shall file any conditional certification motion by September 21, 2020, Defendant shall file any opposition by October 5, 2020, and Plaintiff shall file any reply by October 12, 2020. A conference will be held on November 12, 2020, at 10:30 a.m. for an oral ruling on Plaintiff’s conditional certification motion, should one be filed. The requirement of filing pre-motion letters for conditional certification motions is waived.
Dated: September 1, 2020 . New York, New York LORNA G. SCHOFIEL UNITED STATES DISTRICT JUDGE
Reference
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