Thomas et al v. Bed Bath And Beyond, Inc.

Filing 177

OPINION & ORDER re: 153 MOTION for Summary Judgment Memorandum of Law in Support Thereof filed by Bed Bath And Beyond, Inc., 159 MOTION for Summary Judgment filed by Cheryl A. Strycharz, Villacres Byron, Andrae Wha ley, Danyell Thomas, Leroy Clarke, Latia Diaz, Rashaun F. Frazer, Anthony Rollock, Eleni Miglis, Maria C. Mahan, Hector Caraballo, Tomika M. Boyd, Andrew Certoma, Jose Alberto Cassia, Radica Kutwaru, Erick Ricardo Oliva, Alexis Carre e, Karla Reynosa, Louisa Perry, Elizabeth Padilla, John Cutajar, Cuthbert Baptiste, Robert Guy Desir, Danielle Brown, Bryan Laforest, 105 SECOND MOTION to Certify Class as a collective action pursuant to 29 U.S.C. § 216(b) filed by Cheryl A. Strycharz, Villacres Byron, Andrae Whaley, Danyell Thomas, Rashaun F. Frazer, Anthony Rollock, Eleni Miglis, Hector Caraballo, Andrew Certoma, Radica Kutwaru, Alexis Carree, Karla Reynosa, John Cutajar, Elizabeth Pa dilla, Cuthbert Baptiste, Robert Guy Desir, Danielle Brown, Bryan Laforest. For the foregoing reasons, the Court grants BBB's motion for summary judgment, Dkt. 153, and denies plaintiffs' motion, Dkt. 159. The Court also denies as moot the motion for certification pending at Dkt. 105; this decision is without prejudice to the filing of a renewed motion as to plaintiffs' remaining claims. The Clerk of Court is respectfully directed to terminate the motio ns pending at Dkts. 105, 153 and 159. By Monday, February 26, 2018, the parties are hereby directed to submit a joint letter advising the Court of the parties' views as to next steps in this case, including as to the remaining claims (e.g., those of the Assistant Managers). Bed Bath And Beyond, Inc. (defendant) terminated. (Signed by Judge Paul A. Engelmayer on 2/21/2018) (mro)