Wu v. Eight Oranges, Inc.
- Lorna Schofield
- 1:20-cv-05786
- U.S. District Court · Southern District of New York
- 1
In Wu v. Eight Oranges, Judge Schofield canceled the conference and set deadlines for discussing certification and possible motions.
Plaintiff Kuokwing Wu and defendants Eight Oranges, Inc., et al.
What happened
Wu v. Eight Oranges, Inc. concerns a case in which the court had scheduled an initial pre-trial conference for October 29, 2020.
The court directed the parties to discuss whether they could agree to conditional certification and the form of notice. It also set deadlines for letters about a possible certification motion and a possible motion to dismiss.
Judge Lorna G. Schofield canceled the October 29 conference and issued the discussion and filing deadlines. The order did not decide whether conditional certification or dismissal should be granted.
The detailed version
- Wu v. Eight Oranges, Inc. · No. 1:20-cv-05786
- Lorna Schofield
- Oct. 27, 2020
Background
The court had scheduled an initial pre-trial conference for October 29, 2020, at 10:40 a.m. The order also referred to the lenient standard used at the initial stage of conditional certification, when the question whether parties are similarly situated is preliminary.
Court’s Orders
The court canceled the initial pre-trial conference. It directed the parties to meet and discuss the possibility of stipulating to conditional certification and the form of notice by November 9, 2020. The order stated that the defendants would retain their rights to object to any final certification under the more demanding standard that applies at that stage.
The court also ordered the plaintiff to file any pre-motion letter anticipating a motion for conditional certification by November 9, 2020, and the defendants to respond by November 13, 2020. The defendants were directed to file any pre-motion letter anticipating a motion to dismiss by November 9, 2020, and the plaintiff was directed to respond by November 13, 2020.
Result
Judge Lorna G. Schofield issued scheduling and case-management directions. The order did not grant or deny conditional certification, did not decide the form of notice, and did not grant or deny a motion to dismiss.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.