New York Cases December 20, 2023: Sherr v. Bd. of Elections in City of New York
Court: U.S. District Court — Southern District of New York
Date: Dec. 20, 2023
Case Description
1
Brandon D. Sherr, Plaintiff,
v.
Board of Elections in the City of New York, Defendant.
No. 1:23-cv-08693 (JLR) (SDA)
United States District Court, S.D. New York
December 20, 2023
ORDER
STEWART D. AARON, UNITED STATES MAGISTRATE JUDGE:
Defendant's pending motion to dismiss having been referred to the undersigned for a Report and Recommendation ( see Referral Order, ECF No. 24), the Court intends to consider together Defendant's motion to dismiss and Plaintiff's motion to certify a collective action. See, e.g., Uraga v. Amici 519 LLC , No. 17-CV-03547 (ALC), 2018 WL 3579850, at *1 (S.D.N.Y. July 25, 2018) (noting that motion to dismiss and motion for conditional certification were “more efficiently decided in one order” given overlapping arguments); Deas v. Alba Carting & Demolition Inc. , No. 17-CV-03947 (RA), 2018 WL 11409286, at *1 (S.D.N.Y. Jan. 22, 2018) (deciding motions in single order); Chen v. Major League Baseball , 6 F.Supp.3d 449, 451 (S.D.N.Y. 2014) (same), aff'd sub nom. Chen v. Major League Baseball Properties, Inc. , 798 F.3d 72 (2d Cir. 2015).
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Accordingly, it is hereby Ordered that, no later than January 2, 2024, the parties shall file a proposed briefing schedule for the remainder of the briefing on both motions or, if the parties cannot agree, their respective proposals regarding the briefing schedule.
SO ORDERED.
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Notes:
“Orders authorizing notice are often referred to as orders ‘certifying' a collective action, even though the [Fair Labor Standards Act] does not contain a certification requirement.” Guillen v. Marshalls of MA, Inc. , 750 F.Supp.2d 469, 475 (S.D.N.Y. 2010).
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