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

Opinion

eae Week? 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