Kaloshi et al v. West Village Oasis, Inc. et al

Filing 82

ORDER granting in part and denying in part 75 Letter Motion for Local Rule 37.2 Conference. For the reasons stated on the record during today's conference, plaintiffs' letter-motion dated November 1, 2023 (Dkt. 75), seeking to compel r esponses to their document demands and interrogatories, is GRANTED IN PART and DENIED IN PART. Defendants shall, no later than November 22, 2023: 1. Produce all documents within their possession, custody and control responsive to plaintiffs ' Demands #1 and #2 (Dkt. 75-1 at 3) and update their written response to Demands # 1 and #2 in compliance with Fed. R. Civ. P. 34(b)(2)(B) and (C). 2. Produce all documents within their possession, custody and control responsive to Demand #4 (Dkt. 75-1 at 4), limited to the named plaintiffs' employment applications, onboarding documents, documents concerning setting or raising their wages, and any commendations, warnings, or discipline, and update their written response to Deman d # 4 in compliance with Fed. R. Civ. P. 34(b)(2)(B) and (C). 3. Produce all documents within their possession, custody and control responsive to plaintiffs' Demands #5 and #6 (Dkt. 75-1 at 4), as to the named plaintiffs only, and update thei r written response to Demands # 5 and #6 in compliance with Fed. R.Civ. P. 34(b)(2)(B) and (C). 4. Answer Interrogatories #1, #2, #3, #4, #11, and #13. (Dkt. 75-2 at 3-6.) Interrogatory #1 is narrowed to require defendants to identify (a) each business entity that owned or operated Casa La Femme restaurant and (b) each individual with a majority or managing ownership interest in the restaurant, within the six years preceding the filing of this action. All relief not specifically granted herein is DENIED. Plaintiff's motion having been granted in part and denied in part, no expenses are awarded. See Fed. R. Civ. P. 37(a)(5)(C). The deadline for all remaining fact discovery, including depositions, is EXTENDED to J anuary 12, 2024. Plaintiffs' deadline to file a motion to certify a collective or a class action is EXTENDED to February 2, 2024. Judge Moses will conduct a status conference on January 4, 2024, at 11:00 a.m., in Courtroom 20A of the Daniel Pa trick Moynihan United States Courthouse. No later than January 2, 2024, the parties shall submit a joint status letter outlining the progress of discovery to date. If no discovery controversies exist at that time, the parties may request that the conference be held telephonically. The Clerk of Court is respectfully directed to close the motion at Dkt. 75. SO ORDERED. Status Conference set for 1/4/2024 at 11:00 AM in Courtroom 20A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Barbara C. Moses. (Signed by Magistrate Judge Barbara C. Moses on 11/13/2023) (vfr)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

11/13/2023

ADRIANA KALOSHI, et al.,
Plaintiffs,
-against-

22-CV-4593 (AS) (BCM)
ORDER

WEST VILLAGE OASIS, INC., et al.,
Defendants.
BARBARA MOSES, United States Magistrate Judge.
For the reasons stated on the record during today's conference, plaintiffs' letter-motion
dated November 1, 2023 (Dkt. 75), seeking to compel responses to their document demands and
interrogatories, is GRANTED IN PART and DENIED IN PART.
Defendants shall, no later than November 22, 2023:
1.

Produce all documents within their possession, custody and control responsive to
plaintiffs' Demands #1 and #2 (Dkt. 75-1 at 3) and update their written response to
Demands # 1 and #2 in compliance with Fed. R. Civ. P. 34(b)(2)(B) and (C).

2.

Produce all documents within their possession, custody and control responsive to
Demand #4 (Dkt. 75-1 at 4), limited to the named plaintiffs' employment
applications, onboarding documents, documents concerning setting or raising their
wages, and any commendations, warnings, or discipline, and update their written
response to Demand # 4 in compliance with Fed. R. Civ. P. 34(b)(2)(B) and (C).

3.

Produce all documents within their possession, custody and control responsive to
plaintiffs' Demands #5 and #6 (Dkt. 75-1 at 4), as to the named plaintiffs only, and
update their written response to Demands # 5 and #6 in compliance with Fed. R.
Civ. P. 34(b)(2)(B) and (C).

4.

Answer Interrogatories #1, #2, #3, #4, #11, and #13. (Dkt. 75-2 at 3-6.)
Interrogatory #1 is narrowed to require defendants to identify (a) each business
entity that owned or operated Casa La Femme restaurant and (b) each individual
with a majority or managing ownership interest in the restaurant, within the six
years preceding the filing of this action.

All relief not specifically granted herein is DENIED.
Plaintiff's motion having been granted in part and denied in part, no expenses are awarded.
See Fed. R. Civ. P. 37(a)(5)(C).
The deadline for all remaining fact discovery, including depositions, is EXTENDED to
January 12, 2024. Plaintiffs' deadline to file a motion to certify a collective or a class action is
EXTENDED to February 2, 2024.
Judge Moses will conduct a status conference on January 4, 2024, at 11:00 a.m., in
Courtroom 20A of the Daniel Patrick Moynihan United States Courthouse. No later than January
2, 2024, the parties shall submit a joint status letter outlining the progress of discovery to date. If
no discovery controversies exist at that time, the parties may request that the conference be held
telephonically.
The Clerk of Court is respectfully directed to close the motion at Dkt. 75.
Dated: New York, New York
November 13, 2023

SO ORDERED.

________________________________
BARBARA MOSES
United States Magistrate Judge

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