Molina et al v. Huaxcuaxtla Restaurant Corp. et al

Filing 37

ORDER: It is hereby ORDERED that the July 23, 2020, initial pretrial conference is cancelled. It is further ORDERED that Plaintiffs shall file any conditional certification motion by August 21, 2020, Defendants shall file any opposition by Septemb er 4, 2020, and Plaintiffs shall file any reply by September 11, 2020. A conference will be held on October 1, 2020, at 10:50 a.m. for an oral ruling on Plaintiffs' conditional certification motion, should one be filed. (As further set forth in this Order.) (Motions due by 8/21/2020., Responses due by 9/4/2020, Replies due by 9/11/2020., Status Conference set for 10/1/2020 at 10:50 AM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 7/20/2020) (cf)

Case 1:20-cv-02481-LGS Document 37 Filed 07/21/20 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
-------------------------------------------------------------X
:
ADELA MOLINA, et al., on behalf of themselves :
and all others similarly situated
:
Plaintiffs
:
:
-against:
:
HUAXCUAXTLA RESTAURANT CORP., et al. :
Defendants. X
-------------------------------------------------------------

20 Civ. 2481 (LGS)
ORDER

LORNA G. SCHOFIELD, District Judge:
WHEREAS, Plaintiffs have brought this action on behalf of a putative collective under
the Fair Labor Standards Act;
WHEREAS, the initial pretrial conference in this matter is scheduled for July 23, 2020;
WHEREAS, no significant issues were raised in the parties’ joint letter or proposed case
management plan. It is hereby
ORDERED that the July 23, 2020, initial pretrial conference is cancelled. If the parties
believe that a conference would nevertheless be useful, they should inform the court immediately
so the conference can be reinstated. The case management plan and scheduling order will issue
in a separate order. The parties’ attention is particularly directed to the provisions for periodic
status letters, and the need for a pre-motion letter to avoid cancellation of the final conference and
setting of a trial date. It is further
ORDERED that, given the lenient standard for conditional certification, see Varghese v.
JP Morgan Chase & Co., Nos. 14 Civ. 1718, 15 Civ. 3023, 2016 WL 4718413, at *5 (S.D.N.Y.
Sept. 9, 2016) (“Plaintiff’s burden is minimal because the determination that the parties are
similarly situated is merely a preliminary one . . . .” (quoting Lee v. ABC Carpet & Home, 236
F.R.D. 193, 197 (S.D.N.Y. 2006))), the parties are directed to meet and confer regarding the

Case 1:20-cv-02481-LGS Document 37 Filed 07/21/20 Page 2 of 2

possibility of stipulating to conditional certification and the form of notice, reserving all of
Defendants’ rights to object to any final certification under the more rigorous standard that
applies at that stage. It is further
ORDERED that Plaintiffs shall file any conditional certification motion by August 21,
2020, Defendants shall file any opposition by September 4, 2020, and Plaintiffs shall file any
reply by September 11, 2020. A conference will be held on October 1, 2020, at 10:50 a.m. for
an oral ruling on Plaintiffs’ conditional certification motion, should one be filed.

Dated: July 20, 2020
New York, New York

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