Mogollan v. La Abundancia Bakery & Restaurant Inc. et al

Filing 207

ORDER withdrawing 171 Motion to Certify Class; withdrawing 175 Motion for Summary Judgment. Following a telephone conference with the parties on June 12, 2020, the Court hereby orders as follows: As discussed during the teleconference, t he motion to certify class (ECF No. 171) and the motion for summary judgment (ECF No. 175) are deemed withdrawn. No later than July 17, 2020: Plaintiffs shall file a renewed motion for summary judgment and a renewed motion to certify class. No later than July 24, 2020, the parties shall respond to any cross motion for sanctions. No later than August 17, 2020, Defendants shall respond to Plaintiffs' motion for summary judgment and Plaintiff's motion to certify class. No later than August 31, 2020, any reply papers with respect to summary judgment or class certification shall be filed. As further set forth in this Order. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 6/12/2020) (ks) (Main Document 207 replaced on 6/12/2020) (kl).

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
6/12/2020

Angel Mogollan, et al.,
Plaintiffs,
-against-

1:18-cv-03202 (GBD) (SDA)
ORDER

La Abundancia Bakery & Restaurant Inc., et
al.,
Defendants.

STEWART D. AARON, United States Magistrate Judge:
Following a telephone conference with the parties on June 12, 2020, the Court hereby orders as
follows:
1. As discussed during the teleconference, the motion to certify class (ECF No. 171) and the
motion for summary judgment (ECF No. 174) are deemed withdrawn.
2. No later than June 19, 2020, Defendants shall serve upon Plaintiffs requests for admission
and/or interrogatories concerning the authentication and/or accuracy of the Defendants’
payroll records. Plaintiffs shall respond to the foregoing no later than June 26, 2020. If the
Plaintiffs contest the authenticity and/or accuracy of the payroll records, then Defendants
are granted leave to take the depositions of De La Rosa and Perdoma with such
depositions being conducted remotely, no later than July 17, 2020, and lasting no more
than two hours each.
3. No later than July 17, 2020:
a. Plaintiffs shall file a renewed motion for summary judgment and a renewed motion
to certify class.

b. If they chose to do so, the parties may file cross motions for sanctions supported by
sworn declarations and memoranda of law.
4. No later than July 24, 2020, the parties shall respond to any cross motion for sanctions.
5. No later than August 17, 2020, Defendants shall respond to Plaintiffs’ motion for summary

judgment and Plaintiff’s motion to certify class.
6. No later than August 31, 2020, any reply papers with respect to summary judgment or

class certification shall be filed.
SO ORDERED.
DATED:

New York, New York
June 12, 2020
STEWART D. AARON
United States Magistrate Judge