Benavides v. Serenity Spa NY Inc. et al, No. 1:2015cv09189 - Document 98 (S.D.N.Y. 2017)

Court Description: MEMORANDUM OPINION AND ORDER re: 75 MOTION for Summary Judgment . filed by Gloria Benavides, 71 MOTION to Certify Class . filed by Gloria Benavides. For the foregoing reasons, Plaintiffs' motion for class certif ication is granted. The Court certifies the following class under Federal Rule of Civil Procedure 23(b)(3): All former and current non-exempt employees, including nail technicians (a.k.a. manicurists), massage therapists, aestheticians (a.k.a. facia lists), eyelash stylists, and waxers, employed by Serenity Spa NY Inc. and Yu Qun Dai at Serenity Spa NY located at 1397 Third Avenue, New York, NY 10075 on or after November 20, 2009. The Court further approves Lee Litigation Group, PLLC as designa ted class counsel, and designates Gloria Benavides as a class representative. The Court will determine whether Fanny Yin-Fang Lin can also be designated as a class representative on a more developed record (and where a formal application to that ef fect is made). The parties are directed to meet and confer and submit to the Court a mutually agreed-upon notice within 14 days of the date of this Memorandum Opinion and Order (or competing proposals if they cannot agree). Further, Plaintiffs' motion for summary judgment is denied without prejudice. Any additional motion practice shall follow after the class has received notice consistent with Rule 23 and has been provided with an opportunity to opt out of the suit, and any additional di scovery is complete. Finally, the Court will hold a status conference on October 6, 2017, at 11:00 a.m. to chart the further course of this litigation. The Clerk is directed to close Docket Numbers 71 and 75. Status Conference set for 10/6/2017 at 11:00 AM before Magistrate Judge James L. Cott. (Signed by Magistrate Judge James L. Cott on 9/1/2017) (kgo) Modified on 9/1/2017 (kgo).