Opinion
18-CV-4910 (ALC) (GWG)
07-20-2021
EDGARDO DIAZ, Individually and on Behalf of All Others Similarly Situated, Plaintiff, v. NEW YORK PAVING INC., Defendant.
ORDER
ANDREW L. CARTER, JR., United States District Judge
The Court is in receipt of the parties' letters regarding Defendant's request for a pre-motion conference in connection with Defendant's anticipated motion to dismiss Opt-In Plaintiffs Smith and Oliver. ECF Nos. 219, 224. The Court is also in receipt of the parties' letters regarding Plaintiffs request for a pre-motion conference in connection with Plaintiffs anticipated motion for Rule 23 Class Certification and Defendant's request for a pre-motion conference in connection with Defendant's anticipated motion for Collective Decertification. ECF Nos. 220, 223. Upon review of the submissions, the Court denies the parties' requests for a pre-motion conference. The parties are hereby GRANTED leave to file their respective Rule 23 Class Certification and Collective Decertification motions on the following schedule:
• Opening brief: September 20, 2021
• Opposition brief: November 19, 2021
• Reply brief: December 20, 2021
Defendant is hereby DENIED leave to file a motion to dismiss Opt-In Plaintiffs Smith and Oliver without prejudice to renewal once the Court has decided the Rule 23 Class Certification and Collective Decertification motions.
SO ORDERED.