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Castro et al v. Spice Place, Inc. et al

REPLY MEMORANDUM OF LAW in Support re: 57 MOTION to Certify Class Under FRCP Rule 23 and for Certification of Collective Action Under 29 USC 216

15 Cited authorities

  1. Itar-Tass Russian News Agn. v. Russian Kurier

    140 F.3d 442 (2d Cir. 1998)   Cited 402 times
    Holding that the adoption of 28 U.S.C. § 1367 altered the Gibbs analysis by granting the Court discretion to decline supplemental jurisdiction only if founded upon an enumerated category of subsection 1367(c)

  2. Iglesias-Mendoza v. La Belle Farm, Inc.

    239 F.R.D. 363 (S.D.N.Y. 2007)   Cited 290 times   1 Legal Analyses
    Holding that questions of liability concerning whether class members were supposed to be paid the minimum wage and for overtime "are about the most perfect questions for class treatment"

  3. Bowrin v. Catholic Guardian Society

    417 F. Supp. 2d 449 (S.D.N.Y. 2006)   Cited 64 times   1 Legal Analyses
    Holding that "services performed without a business purpose (foster care)" are not related to and "part of a single enterprise with services that are performed for a business purpose (the care of the mentally ill)"

  4. Mentor v. Imperial Parking Systems, Inc.

    246 F.R.D. 178 (S.D.N.Y. 2007)   Cited 45 times

    [Copyrighted Material Omitted] Emmanuel Roy, Esq., Roy & Associates, P.C., Brooklyn, NY, for Plaintiffs. Douglas E. Rowe, Esq., Certilman Balin Adler & Hyman, LLP, East Meadow, NY, for Defendants. MEMORANDUM AND ORDER WILLIAM H. PAULEY III, District Judge. Plaintiff Junior Mentor (" Mentor" ) moves to (1) add Pouttley A. Pierre as a Plaintiff in this action; (2) circulate a Notice of Pendency and Consent to Join pursuant to the Fair Labor Standards Act (" FLSA" ), 29 U.S.C. § 216(b), and (3) certify

  5. Trapaga v. Central States Joint Board Local 10

    No. 05 C 5742 (N.D. Ill. Mar. 30, 2007)   Cited 17 times
    Concluding that certain declarations were sufficiently verified when they contained language suggests that the declarants knew that they were required to tell the truth and that there would be adverse legal consequences for not doing so, but striking other declarations that lacked such language and only indicated that they were sworn under Section 1109

  6. Donovan v. Beverage Exp., Inc.

    630 F. Supp. 402 (N.D. Ohio 1985)

    No. C83-308A. May 31, 1985. Benjamin T. Chinni, U.S. Dept. of Labor, Cleveland, Ohio, for plaintiff. Joseph O'Leary, Akron, Ohio, for defendants. MEMORANDUM OPINION DAVID DOWD JR., District Judge Plaintiff, the Secretary of Labor, filed the above-captioned case against defendants, Beverage Express, Inc., Pat Joe's Drive-Thru, Inc., Joseph Moneskey and Pat Camp, alleging violations of the Fair Labor Standards Act, 29 U.S.C. § 201 et seq. Before the Court are cross-motions for summary judgment. The

  7. United States v. Stanley

    416 F.2d 317 (2d Cir. 1969)   Cited 11 times
    Finding that for purposes of FLSA, "enterprise includes all related activities performed for a common business purpose even if performed by one or more corporate units"

  8. Section 1367 - Supplemental jurisdiction

    28 U.S.C. § 1367   Cited 63,426 times   78 Legal Analyses
    Holding that in civil actions proceeding in federal court based solely on diversity jurisdiction under 28 U.S.C. § 1332, the district court "shall not have supplemental jurisdiction" over "claims by plaintiffs against persons made parties under Rule . . . 24" or "over claims by persons . . seeking to intervene as plaintiffs under Rule 24," if "exercising supplemental jurisdiction over such claims would be inconsistent with the jurisdictional requirements of section 1332"

  9. Rule 23 - Class Actions

    Fed. R. Civ. P. 23   Cited 35,573 times   1241 Legal Analyses
    Holding that, to certify a class, the court must find that "questions of law or fact common to class members predominate over any questions affecting only individual members"

  10. Rule 801 - Definitions That Apply to This Article; Exclusions from Hearsay

    Fed. R. Evid. 801   Cited 19,392 times   75 Legal Analyses
    Holding that such a statement must merely be made by the party and offered against that party

  11. Section 216 - Penalties

    29 U.S.C. § 216   Cited 16,645 times   142 Legal Analyses
    Holding employers liable for “unpaid minimum wages, or their unpaid overtime compensation”

  12. Section 203 - Definitions

    29 U.S.C. § 203   Cited 6,911 times   277 Legal Analyses
    Recognizing that "custom or practice" under a collective-bargaining agreement can make changing clothes noncompensable

  13. Section 901 - Prerequisites to a class action

    N.Y. CPLR 901   Cited 988 times   7 Legal Analyses
    Providing that "an action to recover a penalty, or minimum measure of recovery created or imposed by statute may not be maintained as a class action" unless the "statute creating or imposing penalty, or minimum measure of recovery specifically authorizes the recovery thereof in a class action"

  14. Section 779.206 - What are "related activities."

    29 C.F.R. § 779.206   Cited 33 times

    (a) The Senate Report on the 1961 amendments states as follows, with respect to the meaning of related activities: Within the meaning of this term, activities are "related" when they are the same or similar, such as those of the individual retail or service stores in a chain, or departments of an establishment operated through leasing arrangements. They are also "related" when they are auxiliary and service activities such as central office and warehousing activities and bookkeeping, auditing, purchasing

  15. Section 779.202 - Basic concepts of definition

    29 C.F.R. § 779.202   Cited 15 times

    Under the definition, the "enterprise" consists of "the related activities performed * * * for a common business purpose." All of the activities comprising the enterprise must be "related." Activities serving a single business purpose may be related, although different, but other activities which are not related are not included in the enterprise. The definition makes clear that the enterprise includes all such related activities which are performed through "unified operation" or "common control