Lipstein v. 20X Hospitality LLC
- Rochon
- 1:22-cv-04812
- U.S. District Court · Southern District of New York
- 2
In Lipstein v. 20X Hospitality LLC, Judge Rochon adopted the recommendation and denied without prejudice plaintiffs’ motion to conditionally certify an employee collective action.
The plaintiffs’ request to conditionally certify a proposed collective action was denied without prejudice; the proposed collective action was not conditionally certified by this order.
What happened
In Lipstein v. 20X Hospitality LLC, the plaintiffs asked the court to conditionally certify a proposed collective action for certain back-of-house employees of Spicy Moon under federal wage law.
A magistrate judge recommended denying the request without prejudice. No party objected within the required time, so the district court reviewed the recommendation for clear error and found none.
Judge Rochon adopted the recommendation in full. The motion for conditional certification was therefore denied without prejudice, and the clerk was directed to terminate the motion.
The detailed version
- Lipstein v. 20X Hospitality LLC · No. 1:22-cv-04812
- Rochon
- Feb. 10, 2023
Background
The plaintiffs moved under 29 U.S.C. § 216(b) to conditionally certify a proposed collective action on behalf of all back-of-house employees employed by Defendant Spicy Moon during the three years before the original complaint was filed. They also requested related relief.
Magistrate Judge Jennifer Willis issued a January 25, 2023 Report and Recommendation advising that the motion be denied without prejudice. The parties had 14 days to file objections, but no objections were filed.
Court’s Review
Under 28 U.S.C. § 636(b)(1) and Federal Rule of Civil Procedure 72(b), the district court reviewed the uncontested recommendation for clear error. Clear error means a definite and firm conviction that the reviewing court made a mistake. After reviewing the record and Judge Willis’s recommendation, the court found no clear error.
Disposition
The court adopted Judge Willis’s Report and Recommendation in its entirety. The motion for conditional certification was denied without prejudice. The clerk was directed to terminate the motion at ECF No. 24.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.