Diaz v. New York Paving Inc.

Filing 225

ORDER: The Court is in receipt of the parties' letters regarding Defendant's request for a pre-motion conference in connection with Defendant's anticipated motion to dismiss Opt-In Plaintiffs Smith and Oliver. ECF Nos. 219, 224. The Court is also in receipt of the parties' letters regarding Plaintiff's request for a pre-motion conference in connection with Plaintiff's anticipated motion for Rule 23 Class Certification and Defendant's request for a p re-motion conference in connection with Defendant's anticipated motion for Collective Decertification. ECF Nos. 220, 223. Upon review of the submissions, the Court denies the parties' requests for a pre-motion conference. The parties are hereby GRANTED leave to file their respective Rule 23 Class Certification and Collective Decertification motions on the following schedule: Opening brief: September 20, 2021. Opposition brief: November 19, 2021. Reply brief: December 20, 2021. Defendant is hereby DENIED leave to file a motion to dismiss Opt-In Plaintiffs Smith and Oliver without prejudice to renewal once the Court has decided the Rule 23 Class Certification and Collective Decertification motions. (Motions due by 9/20/2021., Responses due by 11/19/2021, Replies due by 12/20/2021.) (Signed by Judge Andrew L. Carter, Jr on 7/20/2021) (rro)

Case 1:18-cv-04910-ALC-GWG Document 225 Filed 07/20/21 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

07/20/2021

EDGARDO DIAZ, Individually and on Behalf
of All Others Similarly Situated,
Plaintiff,
-against-

18-CV-4910 (ALC) (GWG)
ORDER

NEW YORK PAVING INC.,
Defendant.
ANDREW L. CARTER, JR., United States District Judge:
The Court is in receipt of the parties’ letters regarding Defendant’s request for a premotion conference in connection with Defendant’s anticipated motion to dismiss Opt-In
Plaintiffs Smith and Oliver. ECF Nos. 219, 224. The Court is also in receipt of the parties’ letters
regarding Plaintiff’s request for a pre-motion conference in connection with Plaintiff’s
anticipated motion for Rule 23 Class Certification and Defendant’s request for a pre-motion
conference in connection with Defendant’s anticipated motion for Collective Decertification.
ECF Nos. 220, 223. Upon review of the submissions, the Court denies the parties’ requests for a
pre-motion conference. The parties are hereby GRANTED leave to file their respective Rule 23
Class Certification and Collective Decertification motions on the following schedule:
•
•
•

Opening brief: September 20, 2021
Opposition brief: November 19, 2021
Reply brief: December 20, 2021

Defendant is hereby DENIED leave to file a motion to dismiss Opt-In Plaintiffs Smith
and Oliver without prejudice to renewal once the Court has decided the Rule 23 Class
Certification and Collective Decertification motions.

Case 1:18-cv-04910-ALC-GWG Document 225 Filed 07/20/21 Page 2 of 2

SO ORDERED.
Dated:

July 20, 2021
New York, New York
____________________________________
ANDREW L. CARTER, JR.
United States District Judge