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Labor: Fair Standards | New York Eastern
Order on Motion to Adjourn Conference
ORDER: The Court is in receipt of Plaintiffs' 91 Motion to Adjourn Conference (which is directed to this Court, although the hearing was scheduled by Magistrate Judge Steven I. Locke following a referral by this Court). Plaintiffs' counsel attach to their motion new affidavits from Plaintiffs dated August 28, 2026, raising assertions of fact that were not before this Court at the time it held the initial pretrial conference on April 28, 2026. Nor did Plaintiffs' counsel submit these affidavits in their May 12, 2026 87 response to the Court's Order to Show Cause as to why Defendant Jose Carlos Ramos should not be dismissed from the case. See Min. Entry dated Apr. 28, 2026; ECF No. 87 . While the Court has considered Plaintiffs' contention that appearing at an evidentiary hearing before Magistrate Judge Locke will add additional burdens that may be duplicative of the evidence they will present if the case proceeds to trial, it remains Plaintiffs' burden to present evidence from which a reasonable trier of fact could conclude that each Defendant may be held liable for the claimed violations, before those claims proceed to trial. And while the Court did, sua sponte, order Plaintiffs to show cause and thereafter referred Plaintiff's 87 motion to Magistrate Judge Locke for a Report and Recommendation, it did so only after hearing Defendants' oral presentations at the pretrial conference (at which, inter alia, Defendant Carlos Ramos contended at length that he was not the Plaintiffs' employer and that Plaintiffs had no grounds to hold him liable, and Plaintiffs' counsel was given an opportunity to respond and present the evidentiary basis for their claims against him). Thus, under the liberal standards that this Court must apply to construe the claims and assertions of pro se litigants, and mindful of its obligation not to burden the courts or the parties with a jury trial unless Plaintiffs have shown they are entitled to same, the Court adheres to its original order of referral and declines to disturb Magistrate Judge Locke's scheduling order. Accordingly, the motion to adjourn is DENIED. Ordered by Judge Nina R. Morrison on 9/4/2026. (OA)
Labor: Fair Standards | New York Southern
Status Report
STATUS REPORT. Document filed by Edgar Fernandez(on behalf of himself, individually, ), Edgar Fernandez(on behalf of all others similarly-situated, ), Juan Mena..(Bernstein, Hartley)
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