Lazaar v. The Anthem Companies, Inc.
- Clarke
- 1:22-cv-03075
- U.S. District Court · Southern District of New York
- 4
In Lazaar v. The Anthem Companies, Judge Clarke granted the parties’ application and stayed the case pending mediation.
The plaintiffs, defendants, and other participants in this overtime litigation are affected because the case was stayed pending mediation, and the parties’ remaining discovery and motion deadlines were paused or adjusted under the adopted schedule.
What happened
In Lazaar v. The Anthem Companies, Inc., Leslie Lazaar and Donna Tropeano-Tirino alleged that the defendants failed to pay overtime to salaried utilization review nurses under federal and New York law. The court had set deadlines for class certification and summary-judgment motions.
The parties jointly asked to pause the case while they prepared for mediation involving this case and five related cases. They selected Dennis Clifford as mediator and scheduled mediation for October 23, 2024. They also agreed to postpone remaining discovery and related deadlines while pursuing settlement.
Judge Jessica G. L. Clarke granted the application, stayed the case pending mediation, adopted the deadlines proposed in the parties’ letter, and directed the Clerk of Court to stay the case and terminate ECF No. 111.
The detailed version
- Lazaar v. The Anthem Companies, Inc. · No. 1:22-cv-03075
- Clarke
- July 10, 2024
Background
Leslie Lazaar filed a collective-action complaint alleging that The Anthem Companies, Inc., Empire HealthChoice HMO, Inc., and HealthPlus HP, LLC failed to pay overtime required by the Fair Labor Standards Act and New York Labor Law to her and other salaried utilization review nurses. Donna Tropeano-Tirino was later added as a named plaintiff and class representative.
The court had set deadlines for the plaintiffs’ class-certification motion and the parties’ summary-judgment motions. The parties had also been discussing settlement and had agreed to pursue private mediation concerning this case and five related cases. They selected Dennis Clifford as mediator and scheduled mediation for October 23, 2024.
Request to Stay
The parties jointly requested a stay, meaning a temporary pause in the court proceedings, while they prepared for mediation. They asked to postpone remaining discovery—including a deposition of the defendants’ corporate representative, depositions of opt-in plaintiffs, and document production—as well as the upcoming motion deadlines. They proposed continuing the stay through November 6, 2024, with additional deadlines if the case did not resolve.
The parties stated that a stay would limit litigation expenses, conserve judicial resources, and would not harm or prejudice either side. The opinion does not decide whether the defendants violated federal or New York overtime law.
Ruling
The court stated that district courts have broad discretion to pause proceedings to manage their dockets and concluded that the factors favored a stay while the parties pursued mediation. Judge Jessica G. L. Clarke granted the application, stayed the case pending mediation, adopted the deadlines set out in the parties’ submission, directed the Clerk of Court to stay the case, and ordered termination of ECF No. 111.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.