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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. MISSING
Regular Panel Decision
May 21, 2001

Fishman v. Mills

Petitioners Michael Fishman, president of a union, and American Building Maintenance Company of New York appealed a Supreme Court judgment that dismissed their CPLR article 78 petition as time-barred. The case stemmed from the award of a cleaning contract to respondent Fedcap Rehabilitation Services, Inc. as a preferred source provider, displacing American Building's workers. Petitioners challenged Fedcap's qualification, alleging it employed individuals not 'severely' disabled as required by State Finance Law § 162. The Supreme Court found the proceeding untimely, ruling that the challenge to Fedcap's preferred source provider status became final and binding by August or September 1999, well before the October 2000 commencement. The appellate court affirmed the dismissal, concluding the core challenge was to Fedcap's initial qualification, not later contract approvals, thus rendering the proceeding time-barred.

Administrative LawTimelinessStatute of LimitationsCPLR Article 78Preferred Source ProviderDisabled EmploymentGovernment ContractsPublic ProcurementUnion RightsContract Award
References
4
Case No. MISSING
Regular Panel Decision

Warnke v. CVS Corp.

Plaintiff Robert Warnke, alleging age discrimination against his former employer CVS Corporation, moved to quash subpoenas issued by Defendant to his subsequent employers. The subpoenas sought extensive employment records for the purpose of a mitigation defense. U.S. Magistrate Judge A. Kathleen Tomlinson found that while Plaintiff had standing due to privacy interests, the requested information was largely not relevant or could be obtained through less intrusive means, such as tax records and depositions already provided or scheduled. The Court also noted the potential for annoyance and embarrassment to Plaintiff with his current employers. Consequently, the Court granted Plaintiff's motion to quash the subpoenas.

Employment DiscriminationAge DiscriminationMotion to QuashSubpoenas Duces TecumDiscovery DisputeMitigation of DamagesPrivacy RightsEmployment RecordsNon-Party SubpoenasFederal Rules of Civil Procedure
References
17
Case No. MISSING
Regular Panel Decision
Aug 14, 2013

Chiari v. New York Racing Ass'n

Plaintiff Luis Alberto Chiari filed an action against the New York Racing Association (NYRA) and Local Union 3, I.B.E.W., alleging violations of COBRA, ADA, and LMRA stemming from his employment termination. Magistrate Judge A. Kathleen Tomlinson issued a Report and Recommendation, advising that the defendants' motions for summary judgment be granted and all of the plaintiff's claims be dismissed. District Judge Feuerstein reviewed the plaintiff's objections to this report. Finding the objections to be either reiterations of prior arguments or insufficiently specific, and discerning no clear error in the Magistrate Judge's findings, the Court adopted the Report and Recommendation in its entirety, thereby granting summary judgment to the defendants and dismissing all of Chiari's claims with prejudice.

Employment LawDiscriminationSummary JudgmentCOBRA ViolationsADA ClaimsLMRA ClaimsBreach of Collective Bargaining AgreementDuty of Fair RepresentationPro Se PlaintiffTermination
References
81
Case No. MISSING
Regular Panel Decision
Sep 24, 2014

Burbar v. Incorporated Village of Garden City

Plaintiff Jacob Burbar filed a motion to compel discovery against the County of Nassau and the Nassau County District Attorney's office in a case alleging wrongful arrest, malicious prosecution, and abuse of process. The defendants invoked deliberative process and work product privileges to withhold certain documents. United States Magistrate Judge A. Kathleen Tomlinson conducted an *in camera* review. The Court determined that the deliberative process privilege was inapplicable because the defendants' intent and decision-making process were central to the plaintiff's claims. Regarding the work product privilege, the Court ordered disclosure of fact work product while protecting opinion work product. Consequently, the motion to compel was granted in part and denied in part, with specific instructions for document production.

DiscoveryPrivilegeDeliberative ProcessWork ProductMalicious ProsecutionAbuse of ProcessCivil RightsFederal Rules of Civil Procedure 26(b)(3)In Camera ReviewGovernmental Immunity
References
32
Case No. MISSING
Regular Panel Decision
Aug 19, 2013

Joseph v. HDMJ Restaurant, Inc.

Plaintiff Germelia Joseph sued HDMJ Restaurant, Inc. and its owners for discrimination under ADA, Title VII, NYHRL, and New York Labor Law. After initial dismissals of some claims and individual defendants, HDMJ failed to retain counsel, leading to a default. Magistrate Judge Tomlinson recommended granting default judgment in part for Title VII claims (hostile work environment and retaliation) and denying it for ADA claims, finding no disability under the ADA. District Judge Seybert adopted the R&R, awarding Plaintiff $10,650.00 in back pay, prejudgment interest, $30,000.00 in compensatory damages for emotional distress, and $4,371.75 in attorney's fees. The ADA claims were dismissed with prejudice.

Title VII discriminationADA claimsHostile work environmentRetaliationDefault judgmentEmotional distress damagesBack payPre-judgment interestAttorney's feesEmployment discrimination
References
136
Case No. MISSING
Regular Panel Decision

Sharma v. Burberry Ltd.

Plaintiffs Poonam Sharma, Brian Roach, Ronnel Jarin, and Nikita Simon brought an action against Burberry Limited for unpaid overtime under the FLSA and New York Labor Law, seeking conditional certification as a collective action. Magistrate Judge A. Kathleen Tomlinson ruled on several motions, including Plaintiffs' motion for conditional certification, Defendant's motion to strike, and various motions to supplement the record and compel discovery. The court partially granted Plaintiffs' motion for conditional certification, limiting the class to Sales Associates and Sales Leads in specific New York and New Jersey Burberry stores for defined periods. Defendant's motion to strike was denied, and other motions were granted in part and denied in part, setting parameters for notice dissemination and discovery while denying nationwide certification and certain dissemination methods.

Overtime CompensationFLSANew York Labor LawCollective ActionConditional CertificationSales AssociatesRetail EmploymentWage and Hour DisputeEmployment LitigationClass Action Notice
References
68
Case No. MISSING
Regular Panel Decision
Feb 28, 2011

Rodriguez v. Almighty Cleaning, Inc.

Plaintiffs Maribel Rodriguez, Gissella Rodriguez, Norma Reyes, and Maria Antunez filed a suit against Almighty Cleaning, Inc., PMCB Cleaning & Maintenance, Inc., and Phillip Patanjo under the Fair Labor Standards Act (FLSA) and New York State Labor Law (NYSLL) seeking unpaid wages. Magistrate Judge A. Kathleen Tomlinson issued a Report and Recommendation (R&R) on February 28, 2011, proposing conditional certification and a default judgment in favor of the Plaintiffs. District Judge Seybert reviewed and adopted the R&R in its entirety, entering judgment against the Defendants, holding them jointly and severally liable for specific damages awarded to each Plaintiff. Additionally, the Court granted conditional certification for an FLSA collective action and mandated Defendants to provide contact information for potential class members.

FLSANYSLLUnpaid WagesOvertime CompensationMinimum WageDefault JudgmentConditional CertificationCollective ActionJoint and Several LiabilityWage and Hour Dispute
References
67
Case No. MISSING
Regular Panel Decision

Cruz v. LYN-ROG INC.

Plaintiffs, a group of car laborers, initiated a collective action against Lyn-Rog Inc. d/b/a The Ultimate Car Wash and Roger Lenza, seeking unpaid overtime compensation under the Fair Labor Standards Act and New York State Labor Law. They moved for conditional certification of the collective action, requesting disclosure of potential class members' contact information and authorization to distribute a notice. Defendants opposed, citing individual defenses and arguing the employees were not 'similarly situated.' The U.S. Magistrate Judge, A. Kathleen Tomlinson, granted the plaintiffs' motion, finding they met the lenient standard for conditional certification by demonstrating a common policy violating labor laws. The court also ordered the defendants to produce contact information for employees dating back six years, aligning with state law claims for judicial economy, and approved the proposed notice.

FLSAOvertime PayCollective ActionConditional CertificationUnpaid WagesLabor LawNew York State Labor LawCar Wash IndustryWage and HourClass Action
References
21
Case No. MISSING
Regular Panel Decision

Moore v. Eagle Sanitation, Inc.

Plaintiffs Kevin Moore and Roger Snyder filed a lawsuit against Eagle Sanitation Inc. and Michael Reali, seeking unpaid overtime compensation under the Fair Labor Standards Act (FLSA) and New York Labor Law. They moved for conditional certification as an FLSA collective action, production of contact information for potential class members from April 2005 to April 2011, and court authorization to circulate a Notice of Pendency. The court, presided over by Magistrate Judge A. Kathleen Tomlinson, granted the motion for conditional certification, finding that the plaintiffs met the lenient evidentiary standard required at this stage. Additionally, the court granted the request for defendants to produce contact information for a six-year period to account for state law claims, emphasizing judicial economy. The court also authorized the dissemination of the proposed notice, with minor modifications regarding the inclusion of defense counsel's contact details and clarification on potential costs and discovery obligations for opt-in plaintiffs.

FLSACollective ActionOvertime CompensationNew York Labor LawConditional CertificationNotice of PendencyStatute of LimitationsDiscovery of Class MembersWage and Hour DisputeEmployment Law
References
26
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