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Frisbie v. Top Line Rest., Inc.

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK
Jun 11, 2019
17-cv-6270-FPG-JWF (W.D.N.Y. Jun. 11, 2019)

Opinion

17-cv-6270-FPG-JWF

06-11-2019

JOHN FRISBIE, Individually and on Behalf of All Other Persons Similarly Situated, Plaintiff, v. TOP LINE RESTAURANT, INC., et al., Defendants.


DECISION & ORDER

Currently before the Court is plaintiffs' renewed motion for conditional class certification (Docket # 61). The Court heard oral argument on June 11, 2019, and rendered an oral decision. For the reasons stated on the record, plaintiffs' renewed motion for conditional class certification (Docket # 61) is granted.

The parties shall meet and confer and submit to the Court a joint proposed notice to the class no later than June 25, 2019.

As discussed on the record, the statute of limitations is equitably tolled as of August 22, 2018, the date on which the initial motion for conditional class certification was filed, to the date of this Order. See McGlone v. Contract Callers, Inc., 867 F. Supp. 2d 438, 445 (S.D.N.Y. 2012) (exercising its discretion, the court determined that "the statute of limitations will be tolled as of the date of the filing of this motion").

SO ORDERED.

/s/_________

JONATHAN W. FELDMAN

United States Magistrate Judge Dated: June 11, 2019

Rochester, New York


Summaries of

Frisbie v. Top Line Rest., Inc.

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK
Jun 11, 2019
17-cv-6270-FPG-JWF (W.D.N.Y. Jun. 11, 2019)
Case details for

Frisbie v. Top Line Rest., Inc.

Case Details

Full title:JOHN FRISBIE, Individually and on Behalf of All Other Persons Similarly…

Court:UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK

Date published: Jun 11, 2019

Citations

17-cv-6270-FPG-JWF (W.D.N.Y. Jun. 11, 2019)