Moses et al v. Griffin Industries, LLC et al

Filing 744

AMENDED ORDER terminating 738 Letter Motion for Extension of Time to File ; terminating 738 Letter Motion to Stay re: 738 CONSENT LETTER MOTION for Extension of Time to File - Plaintiffs' Motion for Clarification, Reconsideration and Certification for an Interlocutory Appeal addressed to Judge Andrew L. Carter, Jr. from Brent E. Pelton dated April 9, 2024. LETTER MOTION to Stay - All discovery deadlines pending settlement conference addressed to Judge Andre w L. Carter, Jr. from Brent E. Pelton dated April 9, 2024., 740 MOTION to Amend/Correct Clear Error in the March 28, 2024 Order and to Avoid Manifest Injustice. ; granting 740 Motion to Amend/Correct 738 CONSENT LETTER MOTION for Extension of Time to File - Plaintiffs' Motion for Clarification, Reconsideration and Certification for an Interlocutory Appeal addressed to Judge Andrew L. Carter, Jr. from Brent E. Pelton dated April 9, 2024. LETTER MOTION to St ay - All discovery deadlines pending settlement conference addressed to Judge Andrew L. Carter, Jr. from Brent E. Pelton dated April 9, 2024., 740 MOTION to Amend/Correct Clear Error in the March 28, 2024 Order and to Avoid Mani fest Injustice. The Court hereby AMENDS its prior Opinion and Order docketed at ECF No. 736 as to Plaintiffs' Tenth Cause of Action for breach of contract on the grounds that this claim is not predicated upon a theory of joint employer lia bility. As such, Plaintiffs' breach of contract claim is not implicated in Defendant's motion for partial summary judgment and is not dismissed. All other portions of the Court's prior Opinion and Order at ECF No. 736 are left unaltered. The Clerk of the Court is respectfully directed to terminate the motions docketed at ECF Nos. 738 and 740. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 4/25/2024) (jca)

USDCSDNY
DOCUME T
ELECTRO 1 ALLY FILED
DO #: - -- - - - ~
DATE FILED: _
_ _ __ _
4/25/2024

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
MOSES, et al., individually and on behalf of all
others similarly situated,
Plaintiffs,
-againstCONSOLIDATED EDISON COMPANY OF
NEW YORK INC., et al.,

18-CV-01200 (ALC)
AMENDED ORDER

Defendants.
ANDREW L. CARTER, JR., United States District Judge:
The Court hereby AMENDS its prior Opinion and Order docketed at ECF No. 736 as to
Plaintiffs’ Tenth Cause of Action for breach of contract on the grounds that this claim is not
predicated upon a theory of joint employer liability. As such, Plaintiffs’ breach of contract claim
is not implicated in Defendant’s motion for partial summary judgment and is not dismissed. All
other portions of the Court’s prior Opinion and Order at ECF No. 736 are left unaltered. The
Clerk of the Court is respectfully directed to terminate the motions docketed at ECF Nos. 738
and 740.
SO ORDERED.
Dated: April 25, 2024
New York, New York
ANDREW L. CARTER, JR.
United States District Judge