From Casetext: Smarter Legal Research

Searson v. Concord Mortgage Corp.

United States District Court, E.D. New York
Sep 24, 2009
07-CV-3909 (DRH) (ARL) (E.D.N.Y. Sep. 24, 2009)

Summary

granting motion for conditional certification where loan officers stated in their affidavits that they observed other loan officers in their respective branches working from fifty-five to seventy hours per week and that their compensation was limited to commissions with no overtime pay or guaranteed salary

Summary of this case from O'Neal v. Emery Fed. Credit Union

Opinion

07-CV-3909 (DRH) (ARL).

September 24, 2009


ORDER


Presently before the Court are Plaintiffs' motions to amend their Complaint and for conditional certification as a Fair Labor Standards Act ("FLSA") collective action. On April 24, 2009, the Court referred Plaintiffs' motion to Magistrate Judge Arlene R. Lindsay for a Report and Recommendation. On August 31, 2009, Judge Lindsay issued a Report and Recommendation (the "Report") recommending that the Court: (1) grant Plaintiffs' motion to amend the Complaint; (2) grant Plaintiffs' motion to conditionally certify this case as a collective action pursuant to 29 U.S.C. § 216(b) as to Concord's part-time and full-time mortgage consultants; (3) permit Plaintiffs to provide amended notice to all part-time and full-time mortgage consultants employed by Concord from three years prior to the notice to the present; and (4) direct Concord to provide a computer-readable data file containing the names, addresses, and telephone numbers of the potential opt-in plaintiffs. More than ten days have elapsed since service of the Report, and neither party has filed any objections to it.

Pursuant to 28 U.S.C. § 636(b) and Fed.R.Civ.P. 72, this Court has reviewed the Report for clear error, and finding none, now concurs in both its reasoning and its result. Accordingly, this Court adopts the August 31, 2009 Report and Recommendation of Judge Lindsay as if set forth herein. Plaintiffs' motions to amend their Complaint and for conditional certification as a FLSA collective action are GRANTED to the extent set forth above and in Judge Lindsay's thorough Report.

SO ORDERED.


Summaries of

Searson v. Concord Mortgage Corp.

United States District Court, E.D. New York
Sep 24, 2009
07-CV-3909 (DRH) (ARL) (E.D.N.Y. Sep. 24, 2009)

granting motion for conditional certification where loan officers stated in their affidavits that they observed other loan officers in their respective branches working from fifty-five to seventy hours per week and that their compensation was limited to commissions with no overtime pay or guaranteed salary

Summary of this case from O'Neal v. Emery Fed. Credit Union

granting conditional class certification when “plaintiffs' affidavits ... set forth substantial allegations of a company-wide policy of denying overtime and minimum pay to loan officers, which are sufficient to support a finding that the part-time and full-time mortgage consultants are similarly situated”

Summary of this case from Zivali v. at & T Mobility Llc
Case details for

Searson v. Concord Mortgage Corp.

Case Details

Full title:DOUGLAS SEARSON, Individually, and on Behalf of All Others Similarly…

Court:United States District Court, E.D. New York

Date published: Sep 24, 2009

Citations

07-CV-3909 (DRH) (ARL) (E.D.N.Y. Sep. 24, 2009)

Citing Cases

Zivali v. at & T Mobility Llc

FN36. See, e.g.,Ayers v. SGS Control Servs., No. 03 Civ. 9078(RMB), 2007 WL 646326, at *5, 2007 U.S. Dist.…

Sultonmurodov v. Mesivita of Long Beach

Defendants acknowledge that some courts have broadened this notice cut-off by calculating the three-year…