Brown v. Avalonbay Cmtys., Inc.

2 Citing cases

  1. Klick v. Cenikor Found.

    509 F. Supp. 3d 951 (S.D. Tex. 2020)   Cited 4 times

    District courts across the country including in the Southern District of Texas have found that such prompt action demonstrates diligence on the part of a plaintiff warranting equitable tolling. See, e.g. , Shidler , 919 F. Supp. 2d at 830 (noting that the fact that the plaintiff "filed his original motion for conditional certification less than a month after the initial pretrial conference" demonstrated that "he [had] diligently pursued his action"); Felps v. Mewbourne Oil Co. , 460 F. Supp. 3d 1232, 1239 (D.N.M. 2020) ("Plaintiff ‘diligently preserved’ his right to assert equitable tolling" by "filing his original motion [for conditional certification] just over two months after commencing his action."); Brown v. AvalonBay Cmtys., Inc. , No. CV 17-6897, 2019 WL 1507901, at *5, *14 (E.D.N.Y. Mar. 29, 2019) (finding that the plaintiffs had exercised diligence by filing a conditional motion for certification pursuant to the court's briefing schedule four months after filing an amended complaint); Curless v. Great Am. Real Food Fast, Inc. , 280 F.R.D. 429, 435 (S.D. Ill. 2012) (finding that the plaintiff diligently pursued her rights by filing a motion for conditional certification promptly). In response, Cenikor directs the Court to a recent unpublished Fifth Circuit opinion Sandoz , in which the court declined to equitably toll the FLSA statute of limitations.

  2. Meo v. Lane Bryant, Inc.

    CV 18-6360 (JMA) (AKT) (E.D.N.Y. Sep. 30, 2019)   Cited 19 times
    Finding a sufficient basis to conditionally certify a collective action with respect to six states, but not as to the full 47 states where defendants' stores were located

    In Brown v. AvalonBay Communities Inc., plaintiffs sought conditional certification of a nationwide collective before this Court, "arguing that the evidence they submitted indicated application of the same unlawful policy at AvalonBay properties in New York, New Jersey, Connecticut, Massachusetts, Virginia, and Maryland. No. CV 17-6897, 2019 WL 1507901, at *11 (E.D.N.Y. Mar. 29, 2019). However, this Court held there was insufficient evidence to expand the scope of the collective to cover employees at AvalonBay properties in states beyond New York, New Jersey, Connecticut, Massachusetts, Virginia, and Maryland, stating, "[t]he lack of reference to any individually identifiable employees beyond these six states, even indirectly, is indicative of Plaintiffs' deficient showing in terms of certifying a nationwide collective."