Novak v. Home Depot U.S.A., Inc.

Full title: NOVAK AND ELMAGHRABY, Plaintiffs, v. HOME DEPOT U.S.A., INC., Defendant

Court: United States District Court, D. New Jersey

Date published: Dec 8, 2008

Civil Action No. 04-4100 (PGS) (D.N.J. Dec. 8, 2008)

Opinion

Civil Action No. 04-4100 (PGS).

December 8, 2008

ORDER

PETER SHERIDAN, District Judge

This matter comes before the Court on Defendant's November 5, 2008 request for leave to file motions to dismiss with prejudice the claims of opt-in plaintiffs who have failed to return a Verified Fact Sheet and certain other opt-in plaintiffs detailed on page 3 of Defendant's November 5, 2008 letter. Plaintiffs have not indicated whether they oppose this request.

WHEREAS this Court is mindful of the Supreme Court's instruction that the sanction of dismissal is "extreme," National Hockey League v. Metropolitan Hockey Club, Inc., 427 U.S. 639, 643 (1976); and

WHEREAS this Court is also mindful that, pursuant to its February 13, 2008 Amended Scheduling Order, on or about March 6, 2008, a Notice and Verified Fact Sheet were sent to the selected 500 opt-in plaintiffs that clearly advised that each plaintiff was required to complete and return the Verified Fact Sheet with a postmark dated no later than May 6, 2008; and

WHEREAS after nearly three months had passed since the May 6, 2008 date on which the selected opt-in plaintiffs were required to return responses to the Verified Fact Sheet, and a significant number of opt-in plaintiffs had failed to do so, Defendant requested leave to file a motion to dismiss the claims of these opt-in plaintiffs, and

WHEREAS by Order dated August 27, 2008, this Court denied Defendant's request and amended its February 13, 2008 Order to provide the opt-in plaintiffs with an additional 45 days to postmark to the third party administrator their responses to the Verified Fact Sheet; and

WHEREAS now nearly two months have passed since the extended deadline by which opt-in plaintiffs were required to return responses to the Verified Fact Sheet, and Defendant avers that 301 out of the 500 selected opt-in plaintiffs have failed to respond. Good cause having been shown, it is hereby

ORDERED that Defendant's request for leave to file motions to dismiss with prejudice the claims of opt-in plaintiffs who have failed to return a Verified Fact Sheet and certain other opt-in plaintiffs detailed on page 3 of Defendant's November 5, 2008 letter is hereby GRANTED.