Wu v. Eight Oranges, Inc. ( 2020 )

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK KUOKWING WU, : Plaintiff, : : 20 Civ. 5786 (LGS) -against- : : ORDER EIGHT ORANGES, INC., et al., : Defendants. : LORNA G. SCHOFIELD, District Judge: WHEREAS, an initial pre-trial conference is currently scheduled for October 29, 2020, at 10:40 A.M. It is hereby ORDERED that the initial pre-trial conference, scheduled for October 29, 2020, is CANCELLED. It is further ORDERED that by November 9, 2020, given the lenient standard for conditional certification, see Varghese v. JP Morgan Chase & Co., Nos. 14 Civ. 1718, 15 Civ. 3023, 2016 WL 4718413, at *5 (S.D.N.Y. Sept. 9, 2016) (“Plaintiffs burden is minimal because that determination that the parties are similarly situated is merely a preliminary one ....” (quoting Lee v. ABC Carpet & Home, 236 F.R.D. 193, 197 (S.D.N.Y. 2006))), the parties are directed to meet and confer regarding the possibility of stipulating to conditional certification and the form of notice, reserving all of Defendants’ rights to object to any final certification under the more rigorous standard that applies at that stage. It is further ORDERED that Plaintiff shall file any pre-motion letter in anticipation of a motion for conditional certification by November 9, 2020, and Defendants shall file any response letter by November 13, 2020. It is further ORDERED that Defendants shall file any pre-motion letter in anticipation of a motion to dismiss by November 9, 2020, and Plaintiff shall file any response letter by November 13, 2020. Dated: October 27, 2020 New York, New York / / . LORNA G. SCHOFIEL