Try our Advanced Search for more refined results
Searching dockets in Gattuso Ciotoli x
Alert me of new activity
All Case Activity Alerts Include: Answers, Appeals, Complaints, Motions, Orders, Trial Notes
Labor: Fair Standards | New York Western
Status Report
STATUS REPORT by Deana McCowen. (Schreiber, Richard)
Labor: Fair Standards | New York Northern
Order Setting Hearing on Motion
TEXT ORDER: The Court has reviewed the 33 Motion for Preliminary Approval. The parties are directed to file a letter brief: (1) providing an estimate regarding the number of meal breaks deducted/hours of unpaid work Plaintiffs claim as a class and total possible recovery if Plaintiffs proved their claims, (2) estimating how much a class member might expect to recover in comparison to the amount allegedly due based on the number of hours worked, but not paid; (3) discussing, with citation to caselaw, why a provision prohibiting Plaintiffs from publicizing information about the settlement, (see Dkt. No. 33-2, at 18), is fair and reasonable given the public nature of the settlement and the fact that there appears to be no similar prohibition on Defendant; (4) providing legal authority for deeming potential members of a class action or an FLSA collective action (who must, per 29 U.S.C. § 216(b), "consent in writing to become a party"), who "do nothing," and who receive no settlement payment, to have released all wage and hour claims under the FLSA/NYLL, (see Dkt. No. 33-2, at 25, 27); and (5) stating whether the parties seek preliminary certification of the class and/or collective action. If the parties seek preliminary certification, they are directed to submit a revised proposed order with citation to relevant caselaw and governing factors. The parties are also directed to revise the proposed class notice (and claim form, if necessary): (1) to more clearly reflect the opt-in requirements of the FLSA, see 29 U.S.C. § 216(b); and (2) to advise class members of the "binding effect of a class judgment." Fed. R. Civ. P. 23(c)(2)(B)(vii). All submissions are due by 10/21/2026. A telephone conference will be held on 11/10/2026 at 10:00 AM. Counsel are directed to dial 315-691-0477 and use ID 499774289# to connect to the conference. SO ORDERED by Chief Judge Brenda K. Sannes on 9/30/2026. (nmk)
In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.
TRY LAW360 FREE FOR SEVEN DAYS
Already a subscriber? Click here to login
Email (NOTE: Free email domains not supported)
First Name
Last Name
Job Title
PLEASE NOTE: A verification email will be sent to your address before you can access your trial.
Password (at least 8 characters required)
Confirm Password
Law360 may contact you in your professional capacity with information about our other products, services and events that we believe may be of interest.You’ll be able to update your communication preferences via the unsubscribe link provided within our communications.We take your privacy seriously. Please see our Privacy Policy.