Wood v. Mike Bloomberg 2020, Inc., No. 1:2020cv02489 - Document 300 (S.D.N.Y. 2022)
Court Description: ORDER denying without prejudice to renewal 267 Motion for Certificate of Appealability. The Court thanks the parties for their submissions in response to its September 22, 2022, Order to Show Cause. (Docket entry no. 297.) Defendant's p ending motion to certify for appeal (docket entry no. 267), pursuant to 28 U.S.C. section 1292(b), the Court's March 25, 2022, Memorandum Opinion and Order, to the extent the Court denied Defendant's motion to dismiss Plaintiffs' F LSA claims, is hereby denied without prejudice to renewal in anticipation of the Court's decision on Defendant's forthcoming motion to dismiss the third amended complaint. In the anticipated motion practice in connection with Defe ndant's forthcoming motion to dismiss, the parties may refer to, or incorporate by reference, clearly identified sections of their memoranda of law previously filed in connection with Defendant's motion to dismiss the second amended complaint. SO ORDERED. (Signed by Judge Laura Taylor Swain on 10/3/2022) (vfr)
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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK -------------------------------------------------------x DONNA WOOD, et al., individually and on behalf of all others similarly situated, Plaintiffs, -v- No. 1:20-CV-2489-LTS-GWG MIKE BLOOMBERG 2020, INC., Defendant. -------------------------------------------------------x ORDER The Court thanks the parties for their submissions in response to its September 22, 2022, Order to Show Cause. (Docket entry no. 297.) Defendant’s pending motion to certify for appeal (docket entry no. 267), pursuant to 28 U.S.C. section 1292(b), the Court’s March 25, 2022, Memorandum Opinion and Order, to the extent the Court denied Defendant’s motion to dismiss Plaintiffs’ FLSA claims, is hereby denied without prejudice to renewal in anticipation of the Court’s decision on Defendant’s forthcoming motion to dismiss the third amended complaint. In the anticipated motion practice in connection with Defendant’s forthcoming motion to dismiss, the parties may refer to, or incorporate by reference, clearly identified WOOD - ORDER VERSION OCTOBER 3, 2022 1 sections of their memoranda of law previously filed in connection with Defendant’s motion to dismiss the second amended complaint. SO ORDERED. Dated: October 3, 2022 New York, New York /s/ Laura Taylor Swain LAURA TAYLOR SWAIN Chief United States District Judge WOOD - ORDER VERSION OCTOBER 3, 2022 2
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