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

MEMORANDUM OF LAW in Opposition re: 37 MOTION to Quash.. Document

16 Cited authorities

  1. Oppenheimer Fund, Inc. v. Sanders

    437 U.S. 340 (1978)   Cited 4,503 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."

  2. Zheng v. Liberty Apparel Co. Inc.

    355 F.3d 61 (2d Cir. 2003)   Cited 591 times   11 Legal Analyses
    Holding district court erred in applying only four factors regarding formal control

  3. Reich v. S. New Eng. Telecomm. Corp.

    121 F.3d 58 (2d Cir. 1997)   Cited 517 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"

  4. Aristocrat Leisure Ltd. v. Deutsche Bank Trust Co. Americas

    262 F.R.D. 293 (S.D.N.Y. 2009)   Cited 67 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"

  5. Ayres v. 127 Rest. Corp.

    12 F. Supp. 2d 305 (S.D.N.Y. 1998)   Cited 73 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]"

  6. 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

  7. Cohen v. City of New York

    255 F.R.D. 110 (S.D.N.Y. 2008)   Cited 21 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.

  8. MacNamara v. City of New York

    No. 04 Civ. 9612 (KMK) (JCF) (S.D.N.Y. Nov. 13, 2006)   Cited 17 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

  9. 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"

  10. 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

  11. Rule 26 - Duty to Disclose; General Provisions Governing Discovery

    Fed. R. Civ. P. 26   Cited 99,217 times   679 Legal Analyses
    Adopting Fed.R.Civ.P. 37

  12. Rule 6 - Computing and Extending Time; Time for Motion Papers

    Fed. R. Civ. P. 6   Cited 50,999 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."

  13. Rule 45 - Subpoena

    Fed. R. Civ. P. 45   Cited 17,403 times   112 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"

  14. Section 260 - Liquidated damages

    29 U.S.C. § 260   Cited 1,846 times   11 Legal Analyses
    Granting district courts the discretion to decline to award liquidated damages when good faith is shown

  15. Section 198 - Costs, remedies

    N.Y. Lab. Law § 198   Cited 1,132 times   8 Legal Analyses
    Requiring the notice be furnished "within ten business days of his or her first day of employment"