Severino v. Avondale Care Group, LLC

Filing 61

ORDER: It is hereby ORDERED that by May 27, 2022, Plaintiff shall file an Amended Complaint. It is further ORDERED that by June 3, 2022, Defendant shall file a letter stating whether it intends to answer or move in response to the Amended Complain t. It is further ORDERED that with respect to Defendant's anticipated motion to strike, the parties are directed to meet and confer to agree on a corrective notice to be provided to opt-ins, as well as corrections to any ongoing solicitation. By May 20, 2022, the parties shall file a joint letter either (i) confirming that they have agreed on such notice and corrections or (ii) submitting the amended notice and solicitation, indicating side-by-side or in footnotes any provisions on wh ich the parties cannot agree. It is further ORDERED that by May 20, 2022, 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 shall me et and confer and file a letter apprising the Court of whether the parties will stipulate to conditional certification of a FLSA collective and the form of notice, reserving all of Defendant's rights to object to any final certification under the more rigorous standard that applies at that stage, and without prejudice to any motion to dismiss. The form of notice may be in lieu of the corrective notice and solicitation referenced above. (Amended Pleadings due by 5/27/2022.) (Signed by Judge Lorna G. Schofield on 5/9/2022) (mml)

Case 1:21-cv-10720-LGS Document 61 Filed 05/09/22 Page 1 of 2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
-------------------------------------------------------------X
:
KEILA SEVERINO, individually and behalf of :
all other similarly situated persons,
:
Plaintiff,
:
:
-against:
:
AVONDALE CARE GROUP, LLC,
:
Defendant.
:
-------------------------------------------------------------X

21 Civ. 10720 (LGS)
ORDER

LORNA G. SCHOFIELD, District Judge:
WHEREAS, on April 26, 2022, Defendant filed a pre-motion letter in anticipation of
filing a motion to dismiss the Complaint and a motion to strike the consent-to-join forms filed in
this action.
WHEREAS, on May 3, 2022, Plaintiff filed a letter in opposition and requested three
weeks to amend the Complaint to address Defendant’s concerns. It is hereby
ORDERED that by May 27, 2022, Plaintiff shall file an Amended Complaint. It is
further
ORDERED that by June 3, 2022, Defendant shall file a letter stating whether it intends
to answer or move in response to the Amended Complaint. It is further
ORDERED that with respect to Defendant’s anticipated motion to strike, the parties are
directed to meet and confer to agree on a corrective notice to be provided to opt-ins, as well as
corrections to any ongoing solicitation. By May 20, 2022, the parties shall file a joint letter either
(i) confirming that they have agreed on such notice and corrections or (ii) submitting the amended
notice and solicitation, indicating side-by-side or in footnotes any provisions on which the parties
cannot agree. It is further
ORDERED that by May 20, 2022, given the lenient standard for conditional

Case 1:21-cv-10720-LGS Document 61 Filed 05/09/22 Page 2 of 2

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 shall meet and
confer and file a letter apprising the Court of whether the parties will stipulate to conditional
certification of a FLSA collective and the form of notice, reserving all of Defendant’s rights to
object to any final certification under the more rigorous standard that applies at that stage, and
without prejudice to any motion to dismiss. The form of notice may be in lieu of the corrective
notice and solicitation referenced above.
Dated: May 9, 2022
New York, New York

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