Molina et al v. Huaxcuaxtla Restaurant Corp. et al

Filing 45

ORDER: It is hereby ORDERED that by September 11, 2020, Defendants shall either file an opposition to Plaintiffs' motion or a letter confirming whether Defendants stipulate to conditional certification and the form of notice. If Defendants do not file an opposition or letter, the collective may be conditionally certified. (As further set forth in this Order.) ( Responses due by 9/11/2020) (Signed by Judge Lorna G. Schofield on 9/8/2020) (cf)

Case 1:20-cv-02481-LGS Document 45 Filed 09/08/20 Page 1 of 1

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, by Order dated July 21, 2020, Defendants were directed to file any
opposition to Plaintiffs’ motion for conditional certification by September 4, 2020 (Dkt. No. 37);
WHEREAS, Plaintiffs filed a motion for conditional certification on August 21, 2020
(Dkt. No. 41). Defendants have not filed an opposition. It is hereby
ORDERED that by September 11, 2020, Defendants shall either file an opposition to
Plaintiffs’ motion or a letter confirming whether Defendants stipulate to conditional certification
and the form of notice. If Defendants do not file an opposition or letter, the collective may be
conditionally certified.
Defendants are reminded that the standard for conditional certification is lenient. 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))). By stipulating to conditional certification and the
form of notice, Defendants may still reserve its rights to object to any final certification under the
more rigorous standard that applies at that stage.

Dated: September 8, 2020
New York, New York