Barcenas v. Erminia Restaurant Corp.
- Lorna Schofield
- 1:20-cv-01924
- U.S. District Court · Southern District of New York
- 2
In Barcenas v. Erminia Restaurant Corp., Judge Schofield set deadlines for briefing a Fair Labor Standards Act collective-certification motion.
Ricardo Barcenas and the defendants in the proposed Fair Labor Standards Act collective action were affected by the briefing deadlines and scheduled conference.
What happened
Barcenas v. Erminia Restaurant Corp. concerns Ricardo Barcenas’s planned motion to conditionally certify a Fair Labor Standards Act collective. The parties exchanged letters before a November 5, 2020, conference.
The court ordered Barcenas to file the motion and supporting memorandum by November 11, 2020, set deadlines for the defendants’ response and Barcenas’s reply, and scheduled a December 17 motion conference. The defendants could instead jointly stipulate to conditional certification and the notice form while preserving objections to any later final certification.
Judge Lorna G. Schofield did not decide whether to grant conditional certification in this order. She set the briefing schedule and stated that the court would deliver an oral opinion at the scheduled conference unless the defendants stipulated to certification.
The detailed version
- Barcenas v. Erminia Restaurant Corp. · No. 1:20-cv-01924
- Lorna Schofield
- Nov. 5, 2020
Background
Ricardo Barcenas filed a pre-motion letter anticipating a motion to conditionally certify a Fair Labor Standards Act collective under 29 U.S.C. § 216(b). The defendants filed a responsive letter, and the court held a pre-motion conference on November 5, 2020.
Order
The court ordered the parties to brief the conditional-certification motion on this schedule:
- Barcenas had to file the motion and a memorandum of law of no more than 25 pages by November 11, 2020. - The defendants had to file any opposition of no more than 25 pages by November 24, 2020. - Barcenas had to file any reply of no more than 10 pages by December 4, 2020.
The parties were required to follow the court’s individual filing rules. The court also allowed the defendants, instead of filing an opposition, to confer with Barcenas and file a joint stipulation by November 24, 2020. That stipulation could agree to conditional certification and the form of notice while preserving the defendants’ rights to object to final certification under the stricter standard applicable at that later stage.
Disposition
The court scheduled a telephonic motion conference for December 17, 2020, at which it would give an oral opinion on the conditional-certification motion and would not hear argument. The conference would be canceled if the defendants chose to stipulate to conditional certification. This order set procedures for a future 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.