16 Cited authorities

Oppenheimer Fund, Inc. v. Sanders
437 U.S. 340 (1978) Cited 4,459 times 20 Legal Analyses
Holding that that the production of putative class members' names pursuant to Federal Rule 26 was not "within the scope of legitimate discovery."
Zheng v. Liberty Apparel Co. Inc.
355 F.3d 61 (2d Cir. 2003) Cited 584 times 11 Legal Analyses
Holding district court erred in applying only four factors regarding formal control
Reich v. S. New Eng. Telecomm. Corp.
121 F.3d 58 (2d Cir. 1997) Cited 510 times 3 Legal Analyses
Holding that where a defendant fails to maintain required employment records, the employee may "submit sufficient evidence from which violations of [the FLSA] and the amount of an award may be reasonably inferred"
Aristocrat Leisure Ltd. v. Deutsche Bank Trust Co. Americas
262 F.R.D. 293 (S.D.N.Y. 2009) Cited 65 times
Rejecting argument that trial subpoena posed undue burden; "parties who have been served properly under Rule 45 cannot demand that their depositions be used in lieu of live trial testimony"
Ayres v. 127 Rest. Corp.
12 F. Supp. 2d 305 (S.D.N.Y. 1998) Cited 72 times 2 Legal Analyses
Holding that "defendant must disgorge the amount of tip credit deducted from each plaintiff's wages during the period that the tip pool violated [the FLSA]"
Griffith v. U.S.
Case No. Part I M8-85(JFK), Related USDC Connecticut No. 3:06-cv-56 (AWT) (S.D.N.Y. Apr. 24, 2007) Cited 24 times
Overruling movant's overbreadth objection for failure to show more tailored alternative
Cohen v. City of New York
255 F.R.D. 110 (S.D.N.Y. 2008) Cited 20 times
In Cohen, a case which Reliance cites to support its position, the court identified sets of circumstances in which the privacy of sensitive business information is of concern in response to a subpoena.
MacNamara v. City of New York
No. 04 Civ. 9612 (KMK) (JCF) (S.D.N.Y. Nov. 13, 2006) Cited 16 times
Allowing production of arrest narratives, but rejecting production of large number of officer names where the burden would be "significant" and the list would contain innocent officers, as well as those who engaged in abusive behavior
Harris v. Jamaica Auto Repair Inc.
03-CV-417 (ERK) (E.D.N.Y. Jul. 27, 2009) Cited 7 times
Concluding that the hearsay rule was not violated "where invoices are admitted not for their truth but simply for the fact that they state particular amounts and thereby substantiate an individual's testimony as to how much was paid for a specific service or item"
Ansoumana v. Gristede's Operating Corp.
255 F. Supp. 2d 197 (S.D.N.Y. 2003) Cited 3 times
00 Civ. 253 (AKH). March 11, 2003 OPINION AND ORDER DENYING DEFENDANTS' MOTION FOR RECONSIDERATION OF SUMMARY JUDGMENT ALVIN K. HELLERSTEIN, United States District Judge Pursuant to Rule 59(e) of the Federal Rules of Civil Procedure, defendant Duane Reade moves for reconsideration of my Order and Opinion dated January 28, 2003 ("Order"), granting plaintiffs partial summary judgment. Defendant argues that I impermissibly adopted plaintiffs' version of a disputed material fact and that I failed to
Rule 26 - Duty to Disclose; General Provisions Governing Discovery
Fed. R. Civ. P. 26 Cited 97,825 times 674 Legal Analyses
Adopting Fed.R.Civ.P. 37
Rule 6 - Computing and Extending Time; Time for Motion Papers
Fed. R. Civ. P. 6 Cited 50,129 times 24 Legal Analyses
Holding that "if the last day [of a period] is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday."
Rule 45 - Subpoena
Fed. R. Civ. P. 45 Cited 17,099 times 110 Legal Analyses
Holding that a subpoena may command a person to attend a trial, hearing, or deposition "within 100 miles of where the person resides, is employed, or regularly transacts business in person"
Section 260 - Liquidated damages
29 U.S.C. § 260 Cited 1,829 times 11 Legal Analyses
Granting district courts the discretion to decline to award liquidated damages when good faith is shown
Section 198 - Costs, remedies
N.Y. Lab. Law § 198 Cited 1,122 times 8 Legal Analyses
Requiring the notice be furnished "within ten business days of his or her first day of employment"

Copantitla et al v. Fiskardo Estiatorio, Inc. et al

16 Cited authorities

Holding that that the production of putative class members' names pursuant to Federal Rule 26 was not "within the scope of legitimate discovery."

Holding district court erred in applying only four factors regarding formal control

Holding that where a defendant fails to maintain required employment records, the employee may "submit sufficient evidence from which violations of [the FLSA] and the amount of an award may be reasonably inferred"

Rejecting argument that trial subpoena posed undue burden; "parties who have been served properly under Rule 45 cannot demand that their depositions be used in lieu of live trial testimony"

Holding that "defendant must disgorge the amount of tip credit deducted from each plaintiff's wages during the period that the tip pool violated [the FLSA]"

Overruling movant's overbreadth objection for failure to show more tailored alternative

In Cohen, a case which Reliance cites to support its position, the court identified sets of circumstances in which the privacy of sensitive business information is of concern in response to a subpoena.

Allowing production of arrest narratives, but rejecting production of large number of officer names where the burden would be "significant" and the list would contain innocent officers, as well as those who engaged in abusive behavior

Concluding that the hearsay rule was not violated "where invoices are admitted not for their truth but simply for the fact that they state particular amounts and thereby substantiate an individual's testimony as to how much was paid for a specific service or item"

Adopting Fed.R.Civ.P. 37

Holding that "if the last day [of a period] is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday."

Holding that a subpoena may command a person to attend a trial, hearing, or deposition "within 100 miles of where the person resides, is employed, or regularly transacts business in person"

Granting district courts the discretion to decline to award liquidated damages when good faith is shown

Requiring the notice be furnished "within ten business days of his or her first day of employment"