Rosato v. City of New York
- Lorna Schofield
- 1:19-cv-10559
- U.S. District Court · Southern District of New York
- 2
In Rosato v. City of New York, Judge Schofield set deadlines and a conference for a possible motion to conditionally certify an FLSA collective.
Jon Rosato, the proposed similarly situated individuals, and the City of New York were affected by the deadlines and conference procedures for a possible FLSA collective-certification motion.
What happened
Rosato v. City of New York concerns the parties’ proposal to file a letter and hold a conference before seeking conditional certification of a Fair Labor Standards Act collective.
The court directed the parties to discuss whether they could agree on conditional certification and the notice that would be sent, while preserving the City’s right to object to any later final certification. The order did not decide whether the collective should be conditionally certified.
Judge Lorna G. Schofield set deadlines for a possible motion, opposition, and reply, and scheduled a November 12, 2020 conference for an oral ruling if Plaintiff filed the motion. The court waived the requirement for pre-motion letters.
The detailed version
- Rosato v. City of New York · No. 1:19-cv-10559
- Lorna Schofield
- Sept. 1, 2020
Background
The parties proposed filing a pre-motion letter and holding a pre-motion conference concerning conditional certification of a Fair Labor Standards Act (FLSA) collective. Conditional certification is an initial decision about whether similarly situated individuals may proceed together and receive notice of the case.
Order
The court directed the parties to meet and confer about possibly stipulating to conditional certification and the form of notice. The court noted that the standard for conditional certification is lenient and that the plaintiff’s burden is minimal at this preliminary stage. The order reserved the defendant’s rights to object to final certification, which would be evaluated under a more rigorous standard.
The court ordered Plaintiff to file any conditional-certification motion by September 21, 2020; Defendant to file any opposition by October 5, 2020; and Plaintiff to file any reply by October 12, 2020. It scheduled a conference for November 12, 2020, at 10:30 a.m. for an oral ruling if Plaintiff filed the motion. The court also waived the requirement to file pre-motion letters for conditional-certification motions.
Disposition and Significance
This order set procedures and deadlines for a possible conditional-certification motion. It did not grant or deny conditional certification.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.