Opinion

Sherr v. Board of Elections in the City of New York

Court
District Court, S.D. New York
Filed
Dec 20, 2023
Cited by
0 cases
Authority
More cited than 27.7%

The opinion

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DOCUMENT

ELECTRONICALLY FILED

UNITED STATES DISTRICT COURT DOC #:

SOUTHERN DISTRICT OF NEW YORK ——_—_—_

DATE FILED; 12/20/2023

Brandon D. Sherr,

Plaintiff, 1:23-cv-08693 (JLR) (SDA)

-against- ORDER

Board of Elections in the City of New York,

Defendant.

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).

+ “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).

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.

Dated: New York, New York

December 20, 2023

STEWART D. AARON

United States Magistrate Judge

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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