Guevara v. Goodnight Group LLC et al

Filing 116

ORDER denying 105 Letter Motion for Conference re: 105 LETTER MOTION for Conference re: Plaintiff's Anticipated Motion for Sanctions addressed to Magistrate Judge Barbara C. Moses from C.K. Lee dated June 8, 2022. LETTER M OTION for Local Rule 37.2 Conference addressed to Magistrate Judge Barbara C. Moses from C.K. Lee dated June 8, 2022., 109 LETTER MOTION for Leave to File Excess Pages for Plaintiffs' Anticipated Rule 23 Class Certification Motion addressed to Magistrate Judge Barbara C. Moses from C.K. Lee dated June 27, 2022., 112 FIRST LETTER MOTION for Extension of Time addressed to Magistrate Judge Barbara C. Moses from Lee Jacobs dated June 29, 2022. ; denyin g 105 Letter Motion for Local Rule 37.2 Conference; denying 109 Letter Motion for Leave to File Excess Pages; denying 112 Letter Motion for Extension of Time. Defendants shall produce any outstanding document discovery regarding the opt-i n plaintiffs, as well as any outstanding document discovery within the scope of this Court's Order dated January 10, 2022 (Dkt. No. 85), no later than July 22, 2022. All remaining fact discovery, including fact depositions, shall be completed no later than August 16, 2022. No further extensions of the fact discovery deadline will be granted absent compelling circumstances. Plaintiffs may resume the depositions of Thomas Tardie and Dasha Naymon,limited to 2 hours of questioning per witn ess. The scope of the questioning shall conform to the Court's oral ruling during today's conference. Because counsel for both sides conducted themselves poorly during the initial depositions of these witnesses (see Dkt. No. 106 at 2 n.1 ), an award of expenses to plaintiffs would be unjust. See Fed. R. Civ. P. 37(a)(5)(A)(iii). Consequently, no sanctions will be assessed. Except to the extent set forth above, plaintiffs' motion for discovery relief (Dkt. No. 105) and defenda nts' motion to adjourn deadlines (Dkt. No. 112) are DENIED Plaintiffs may move to certify a class pursuant to Fed. R.Civ. P. 23 no later than August 31, 2022. Plaintiffs' request to file an overlength brief (Dkt. No. 109) is DENIED withou t prejudice to renewal atthe time the motion is filed. Summary judgment motions, if any, shall be filed no later than 30 days after decision on the class certification motion. The parties' proposed joint pretrial order shall be filed no late r than 30 days after decision on the class certification motion, unless there are summary judgment motions, in which case the joint pretrial orders hall be filed no later than 30 days after the decision on the motion(s). The Clerk of Court is respectfully directed to close the motions at Dkt. Nos. 105, 109, and 112. (Signed by Magistrate Judge Barbara C. Moses on 7/5/2022) (rro)

Case 1:20-cv-05330-BCM Document 116 Filed 07/05/22 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
STEPHANIA RUIZ GUEVARA and
SANDRA HERAS, on behalf of themselves,
FLSA Collective Plaintiffs and the Class,
Plaintiffs,

7/5/2022
20-CV-5330 (BCM)
ORDER

-againstFINE & RARE OPERATIONS LLC d/b/a
FINE & RARE, FLATIRON ROOM
OPERATIONS LLC d/b/a THE FLATIRON
ROOM, GOODNIGHT GROUP LLC, and
THOMAS TARDIE,
Defendants.
BARBARA MOSES, United States Magistrate Judge.
For the reasons stated on the record during today's conference, it is hereby ORDERED
that:
1.

Discovery Deadlines and Limitations
a. Defendants shall produce any outstanding document discovery regarding the
opt-in plaintiffs, as well as any outstanding document discovery within the
scope of this Court's Order dated January 10, 2022 (Dkt. No. 85), no later than
July 22, 2022.
b. All remaining fact discovery, including fact depositions, shall be completed
no later than August 16, 2022. No further extensions of the fact discovery
deadline will be granted absent compelling circumstances.
c. Depositions of opt-in plaintiffs will be limited to one half-day (3.5 hours) per
plaintiff.
d. Plaintiffs may resume the depositions of Thomas Tardie and Dasha Naymon,
limited to 2 hours of questioning per witness. The scope of the questioning
shall conform to the Court's oral ruling during today's conference. Because
counsel for both sides conducted themselves poorly during the initial
depositions of these witnesses (see Dkt. No. 106 at 2 n.1), an award of
expenses to plaintiffs would be unjust. See Fed. R. Civ. P. 37(a)(5)(A)(iii).
Consequently, no sanctions will be assessed.

Case 1:20-cv-05330-BCM Document 116 Filed 07/05/22 Page 2 of 2

e. Except to the extent set forth above, plaintiffs' motion for discovery relief
(Dkt. No. 105) and defendants' motion to adjourn deadlines (Dkt. No. 112) are
DENIED.
2.

Motion Deadlines
a. Class Certification. Plaintiffs may move to certify a class pursuant to Fed. R.
Civ. P. 23 no later than August 31, 2022. Plaintiffs' request to file an
overlength brief (Dkt. No. 109) is DENIED without prejudice to renewal at
the time the motion is filed.
b. Summary Judgment. Summary judgment motions, if any, shall be filed no
later than 30 days after decision on the class certification motion.
c. Joint Pretrial Order. The parties' proposed joint pretrial order shall be filed no
later than 30 days after decision on the class certification motion, unless
there are summary judgment motions, in which case the joint pretrial order
shall be filed no later than 30 days after the decision on the motion(s).

The Clerk of Court is respectfully directed to close the motions at Dkt. Nos. 105, 109,
and 112.
Dated: New York, New York
July 5, 2022

SO ORDERED.

________________________________
BARBARA MOSES
United States Magistrate Judge

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