Hinterberger et al v. Catholic Health System, Inc. et al, No. 1:2008cv00380 - Document 194 (W.D.N.Y. 2009)
Court Description: DECISION ORDER GRANTING 180 Plaintiffs' Motion for Consideration of Additional Authority; GRANTING 183 Plantiffs' Motion for Consideration of Additional Authority; DENYING 187 Plaintiffs' Motion to Strike; SETTING response (7/2/2009) and reply (7/17/2009) dates for 190 Plaintiffs' Motion for Equitable Tolling. Signed by William M. Skretny U.S.D.J. on 6/16/2009. (MEAL)
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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK GAIL HINTERGERGER, et al., Plaintiffs, v. DECISION AND ORDER CATHOLIC HEALTH SYSTEM, et al., 08-CV-380S Defendants. 1. Since this Court last issued a Text Order in this matter, on May 4, 2009, Plaintiffs have filed four additional motions. Each is dealt with below. 2. Plaintiffs Motion for Consideration of Additional Authority (Docket No. 180) in support of their Motion for Expedited Notice to Affected Employees is GRANTED. 3. Plaintiffs Motion for Consideration of Additional Authority (Docket No. 183) in support of their Motion for Expedited Notice to Affected Employees is GRANTED. 4. Plaintiffs have filed a Motion to Strike (Docket No. 187) a memorandum Defendants filed in response to the additional authority appended to Plaintiffs Motion at Docket No. 180. Alternatively, Plaintiffs seek leave to file a reply memorandum. Defendants responding memorandum seeks to distinguish Plaintiffs additional case, decided by the Western District of Pennsylvania, from precedent in this Circuit. Where Plaintiffs have asked this Court to consider additional authority, Defendants are entitled to respond to the applicability or relevance of that authority, including citations to further authority relating to the underlying issue. The Court has reviewed Plaintiffs additional authority and Defendants response, and has determined that no further briefing is 1 required. Accordingly, Plaintiffs Motion to Strike, or alternatively, for Leave to File a Reply (Docket No. 187) is DENIED. 5. On June 11, 2009, Plaintiffs filed a Motion for Equitable Tolling of the Fair Labor Standards Act s Statute of Limitations. (Docket No. 190.) Defendants response is due no later than July 2, 2009, and Plaintiffs reply is due no later than July 17, 2009. SO ORDERED. Dated: June 16, 2009 Buffalo, New York /s/William M. Skretny WILLIAM M. SKRETNY United States District Judge 2
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