Silva v. Consolidated Scaffolding, Inc.

S.D. New York

Silva v. Consolidated Scaffolding, Inc.

DecidedAugust 6, 2024

Docket1:24-cv-04591

StatusUnknown

This text of Silva v. Consolidated Scaffolding, Inc. (Silva v. Consolidated Scaffolding, Inc.) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Silva v. Consolidated Scaffolding, Inc., (S.D.N.Y. 2024).

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Opinion

USONUITTEHDE RSTNA DTIESST RDIICSTT ROIFC TN ECWOU YROTR K -------------------------------------------------------------X : WILBER DAVID SILVA, : Plaintiff, : : 24 Civ. 4591 (LGS) -against- : : ORDER CONSOLIDATED SCAFFOLDING, INC., et al., : Defendants. : -------------------------------------------------------------X

LORNA G. SCHOFIELD, District Judge: WHEREAS, Plaintiff has brought this action on behalf of a putative collective under the Fair Labor Standards Act. WHEREAS, Plaintiff has filed a letter stating his intent to file a motion for conditional certification of the collective. WHEREAS, the standard for conditional certification is lenient. “The determination at the first step requires only a modest factual showing from plaintiffs that they and potential opt-in plaintiffs together were victims of a common policy or plan that violated the law.” Lipstein v. 20X Hosp. LLC, No. 22 Civ. 4812, 2024 WL 1073154, at *2 (S.D.N.Y. Jan. 24, 2024), report and recommendation adopted, No. 22 Civ. 4812, 2024 WL 1175079 (S.D.N.Y. Mar. 19, 2024) (citation and internal quotation omitted). It is hereby ORDERED that, Defendants shall respond to Plaintiff’s letter (as described in the Court’s Individual Rules) regarding conditional certification of a collective by August 12, 2024. It is further ORDERED that, in light of the lenient standard for such a motion, the parties are directed to meet and confer in advance of the initial pretrial conference regarding the possibility of stipulating to conditional certification and the form of notice, reserving all of Defendants’ rights to object to any final certification under the more rigorous standard that applies at that stage. It is further ORDERED that Plaintiff's proposed motion for conditional certification of a collective will be addressed at the initial pretrial conference already scheduled for August 21, 2024, at 4:20pm. Dated: August 6, 2024 New York, New York .

LORNA G. SCHOFIEL UNITED STATES DISTRICT JUDGE

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USONUITTEHDE RSTNA DTIESST RDIICSTT ROIFC TN ECWOU YROTR K -------------------------------------------------------------X : WILBER DAVID SILVA, : Plaintiff, : : 24 Civ. 4591 (LGS) -against- : : ORDER CONSOLIDATED SCAFFOLDING, INC., et al., : Defendants. : -------------------------------------------------------------X

LORNA G. SCHOFIELD, District Judge: WHEREAS, Plaintiff has brought this action on behalf of a putative collective under the Fair Labor Standards Act. WHEREAS, Plaintiff has filed a letter stating his intent to file a motion for conditional certification of the collective. WHEREAS, the standard for conditional certification is lenient. “The determination at the first step requires only a modest factual showing from plaintiffs that they and potential opt-in plaintiffs together were victims of a common policy or plan that violated the law.” Lipstein v. 20X Hosp. LLC, No. 22 Civ. 4812, 2024 WL 1073154, at *2 (S.D.N.Y. Jan. 24, 2024), report and recommendation adopted, No. 22 Civ. 4812, 2024 WL 1175079 (S.D.N.Y. Mar. 19, 2024) (citation and internal quotation omitted). It is hereby ORDERED that, Defendants shall respond to Plaintiff’s letter (as described in the Court’s Individual Rules) regarding conditional certification of a collective by August 12, 2024. It is further ORDERED that, in light of the lenient standard for such a motion, the parties are directed to meet and confer in advance of the initial pretrial conference regarding the possibility of stipulating to conditional certification and the form of notice, reserving all of Defendants’ rights to object to any final certification under the more rigorous standard that applies at that stage. It is further ORDERED that Plaintiff's proposed motion for conditional certification of a collective will be addressed at the initial pretrial conference already scheduled for August 21, 2024, at 4:20pm. Dated: August 6, 2024 New York, New York .

LORNA G. SCHOFIEL UNITED STATES DISTRICT JUDGE

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Silva v. Consolidated Scaffolding, Inc., Counsel Stack Legal Research, https://law.counselstack.com/opinion/silva-v-consolidated-scaffolding-inc-nysd-2024.