Contract Callers

Title: Michael McGlone, on behalf of himself individually and others similarly…

Court: United States District Court, S.D. New York.

Case Number: 11 Civ. 3004AT.

Date: Aug 25, 2014

Fact:

In this action, Plaintiffs, Michael McGlone, on behalf of himself individually and others similarly situated, allege that Defendants, Contract Callers, Inc. (“CCI”), Michael Maguire, and William “Tim” Wertz, violated the Fair Labor Standards Act (“FLSA”), 29 U.S.C. §§ 201 et seq. and the New York Labor Law (“NYLL”), §§ 650 et seq. Defendants move to decertify the conditionally certified collective action under 29 U.S.C. § 216(b). Plaintiffs move for partial summary judgment under Rule 56 of the Federal Rules of Civil Procedure and request final collective certification. Maguire also moves for summary judgment. For the reasons stated below, Defendants’ motion to decertify the conditionally certified collective action is DENIED. Plaintiffs’ request for final certification is GRANTED. Plaintiffs’ motion for partial summary judgment is GRANTED. Maguire’s motion for summary judgment is DENIED.

Issue:

“At the second stage, the district court will, on a fuller record, determine whether a so-called ‘collective action’ may go forward by determining whether the plaintiffs who have opted in are in fact ‘similarly situated’ to the named plaintiffs. The action may be ‘de-certified’ if the record reveals that they are not, and the opt-in plaintiffs’ claims may be dismissed without prejudice.” 

CONCLUSION:

For the reasons stated above, Defendants’ motion to decertify the conditionally certified collective action is DENIED. Plaintiffs’ request for final certification is GRANTED. Plaintiffs’ motion for partial summary judgment is GRANTED. Maguire’s motion for summary judgment is DENIED.

The joint pre-trial order is due October 24, 2014. The joint pre-trial order and related submissions are to be sent as follows:

In accordance with Paragraph V.B of the Court’s Individual Rules and Practices for Civil Cases, the parties shall submit a proposed joint pre-trial order to the Court by PDF attachment to an e-mail by October 24, 2014, at 12:00 p.m.

By Paragraphs V.C and V.D of the Court’s Individual Practices, each party shall file and serve along with the joint pre-trial order all required pre-trial filings, including motions addressing any evidentiary issues or other matters that should be resolved in limine, joint requests to charge, joint proposed verdict forms, and joint proposed voir dire questions.

In accordance with Paragraph V.C(v) of the Court’s Individual Practices, the parties shall deliver to the Court by October 24, 2014, one copy of each documentary exhibit sought to be admitted, pre-marked (i.e., labeled with exhibit stickers) and assembled sequentially in a looseleaf binder or in separate manila folders labeled with the exhibit numbers and placed in a suitable container for ready reference.

By Paragraph V.F of the Court’s Individual Practices, by October 31, 2014, at 12:00 p.m., the parties shall file, if necessary, any opposition to any motion in limine, and any opposition to any legal argument in a pre-trial memorandum.

Counsel for all parties shall appear for a final pre-trial conference on December 4, 2014, at 4:00 p.m., in Courtroom 15D of the United States Courthouse, 500 Pearl Street, New York, N.Y. 10007.

Trial shall commence at 9:00 a.m. on December 8, 2014. In accordance with Paragraph V.H of the Court’s Individual Practices in Civil Cases, trial will be conducted from 9:00 a.m. to 2:15 p.m. with a break from 11:15 to 11:45 a.m.

Prior to the final pre-trial conference, counsel for both parties, along with the parties themselves, shall meet in person for at least one hour to discuss settlement of this matter. Additionally, counsel shall submit a joint letter by September 26, 2014, informing the Court whether they would like to be referred to a magistrate judge for settlement discussions.

The Clerk of Court is directed to terminate the motions at ECF Nos. 91, 93, and 98.

SO ORDERED.

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