Perez v. Sixth Avenue Restaurant Management LLC et al

Filing 60

MEMO ENDORSEMENT on 57 denying 55 Letter Motion for Discovery. ENDORSEMENT: Plaintiff's motion to compel Defendants to produce class discovery (ECF 55) is DENIED. Given the broad scope of discovery sought, the burden on Defendants, and that Plaintiffs have yet to file a motion for collective certification, such discovery is premature. Plaintiffs' cited classes do not support such broad pre- certification discovery. See, e.g., Salazar v. Spectrum of Creations, No. 16- cv-65 3 (VSB), ECF 52 (S.D.N.Y. Sept. 9, 2016) (pre-certification discovery was for only 78 pages). The parties are directed to submit a status letter on September 31, 2020. The parties are also directed to appear for a status conference on January 7 , 2021 at 11:00 am; a status letter is due December 31, 2020. The Court will inform parties closer to the conference as to whether it will be telephonic or in-person. The Clerk of Court is respectfully directed to close ECF 55. (Signed by Magistrate Judge Ona T. Wang on 8/3/2020) (rro)

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Case 1:19-cv-09316-AJN-OTW Document 60 Filed 08/03/20 Page 1 of 3 Jackson lewis. MEMO ENDORSED Case 1:19-cv-09316-AJN-OTW Document 60 Filed 08/03/20 Page 2 of 3 jackson lewis Accorneys at Llw Case 1:19-cv-09316-AJN-OTW Document 60 Filed 08/03/20 Page 3 of 3 jackson lewis Accorneys at Llw Plaintiff's motion to compel Defendants to produce class discovery (ECF 55) is DENIED. Given the broad scope of discovery sought, the burden on Defendants, and that Plaintiffs have yet to file a motion for collective certification, such discovery is premature. Plaintiffs' cited classes do not support such broad pre-certification discovery. See, e.g., Salazar v. Spectrum of Creations, No. 16-cv-653 (VSB), ECF 52 (S.D.N.Y. Sept. 9, 2016) (precertification discovery was for only 78 pages). The parties are directed to submit a status letter on September 31, 2020. The parties are also directed to appear for a status conference on January 7, 2021 at 11:00 am; a status letter is due December 31, 2020. The Court will inform parties closer to the conference as to whether it will be telephonic or in-person. The Clerk of Court is respectfully directed to close ECF 55. SO ORDERED. ______________ Ona T. Wang August 3, 2020 U.S.M.J.

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