Michael v. Bloomberg, L.P.

Filing 44

OPINION & ORDER #105518 re: 38 MOTION for Reconsideration re; 37 Memorandum & Opinion, and to Amend the Case Caption, filed by Bloomberg, L.P. Defendants' motion is granted. The court rules as follows: The proposed notice shall be modified to include plaintiffs full name, as set forth in Dkt. No. 40-1; The proposed consent form shall be modified to remove the prior case caption; and Plaintiffs request for equitable tolling is denied. The Clerk of Court is directed to amend the caption in this case to read: "ERIC MICHAEL ROSEMAN, individually and on behalf of others similarly situated, Plaintiffs, v. BLOOMBERG L.P., Defendant." The Clerk of Court is also directed to terminate the motion listed as item 38 on the docket. (Signed by Judge Thomas P. Griesa on 5/18/2015) (kko) Modified on 5/19/2015 (soh).

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

USDCSDNY
. DOCUMENT
ELECTRONICALLY FILED
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-DATE FILE-·D-:-.n~tlc,..i~~,..--~"--

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ERIC MICHAEL ROSEMAN, individually and
on behalf of others similarly situated,

.

~~-~

14-cv-2657 (TPG)

Plaintiffs,

ECF CASE

V.

BLOOMBERG L.P.,

OPINION & ORDER
Defendant.

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On February 11, 2015, the court denied plaintiffs motion for a protective order and leave
from the court to proceed under the pseudonym "Eric Michael." (Dkt. No. 30.) In so ruling, the
court noted that plaintiffs argument to proceed pseudonymously ran "against the public's
traditional right of access to judicial proceedings, and may also preclude potential class members
from properly evaluating the qualifications of the class representative." Id at 7. The court
directed plaintiff to file a second amended complaint identifying himself by name within 30 days
of the court's opinion.
Plaintiff filed a second amended complaint on March 6, 2015, identifying himself by his
full name in one paragraph of the complaint, but not amending the case caption. (See Dkt. No.
32.) The court then granted plaintiffs motion to certify this action as a collective action
pursuant to§ 216(b) ofthe FLSA, and authorized the issuance of plaintiffs proposed notice to
potential opt-in plaintiffs. (Dkt. No. 37.)

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Defendants have filed a motion for partial reconsideration of the court's opinion
certifying this action as a collective action, to the limited extent that the opinion approved
plaintiff's proposed form of notice and consent form without requiring plaintiff to include his
actual name-as opposed to his pseudonym-in the forms. (See Dkt. No. 38.) Defendants also
seek an amendment of the case caption to reflect plaintiffs full name.
Defendants' motion is granted. The court rules as follows:
(1) The proposed notice shall be modified to include plaintiffs full name, as
set forth in Dkt. No. 40-1;
(2) The proposed consent form shall be modified to remove the prior case
caption; and
(3) Plaintiffs request for equitable tolling is denied.
The Clerk of Court is directed to amend the caption in this case to read: "ERIC
MICHAEL ROSEMAN, individually and on behalf of others similarly situated, Plaintiffs, v.
BLOOMBERG L.P., Defendant." The Clerk of Court is also directed to terminate the motion
listed as item 38 on the docket.

SO ORDERED.
Dated:

New York, New York
May 18,2015

Thomas P. Griesa
U.S. District Judge

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