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Barone v. Laz Parking Ltd, LLC

United States District Court for the District of Connecticut

October 20, 2019, Decided; October 20, 2019, Filed

Civil No. 3:17-CV-01545(VLB)

Opinion

RULING DENYING DEFENDANT'S MOTION TO LIMIT NOTICE

The plaintiffs brought this action for unpaid wages under the Fair Labor Standards Act ("FLSA"), 29 U.S.C. § 201et seq. In June of 2018, the plaintiffs filed a motion for conditional certification. (Dkt. #49). After the parties fully briefed the issue, the Honorable Vanessa L. Bryant granted the motion for conditional certification, on June 28, 2019. The defendant now seeks an order excluding any individuals who have signed arbitration agreements from receiving notice of the conditionally certified collective. (Dkt. #79). The plaintiffs oppose the motion. Based on the briefs and the controlling law, the defendant's motion is DENIED.

I. Timeliness and Waiver

Plaintiffs argue that the motion to exclude the individuals who signed arbitration agreements from receiving [*2]  notice raises an issue that could have and should have been raised while the parties were arguing over conditional certification. As a result, the plaintiffs argue that the defendant has waived the issue. The plaintiffs also argue that the motion is an improper and untimely motion for reconsideration. In response, the defendant argues that the "Court never addressed the arbitration issue. In other words, there is nothing for this Court to reconsider." (Dkt. #82, at 16). The defendant also argues that there is no procedural rule that required the defendant to raise the arbitration agreements in its opposition to the motion for conditional certification. (Dkt. #82, at 15).

By way of relevant background, the plaintiffs filed their motion for conditional certification in June of 2018. In connection with the motion, the parties filed a total of six briefs, focusing primarily on whether the plaintiffs are "similarly situated." (Dkt. #50, 51, 52, 54, 55 and 57). On February 11, 2019, this Court issued a ruling which granted the motion for conditional certification. (Dkt. #58).

On March 5, 2019, the defendant objected to the ruling and requested review by the Honorable Vanessa L. Bryant. (Dkt. [*3]  #62). Thereafter, both parties submitted briefs. (Dkt. #64-66). On June 28, 2019, the Honorable Vanessa L. Bryant overruled the defendant's objection and granted conditional certification of the FLSA class. (Dkt. #70).

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2019 U.S. Dist. LEXIS 181126 *; 2019 WL 5328832

ANTHONY BARONE, on behalf of, Himself and all others Similarly situated, Plaintiff, v. LAZ PARKING LTD, LLC, Defendant.

Prior History: Barone v. Laz Parking Ltd., LLC, 2019 U.S. Dist. LEXIS 54228 (D. Conn., Feb. 11, 2019)

CORE TERMS

arbitration agreement, receive notice, employees, certification, collective action, arbitration, notice, district court, parties, argues, declaration, preponderance of evidence, certification process, compel arbitration, supposedly, courts, merits, cases