The following e-filed documents, listed by NYSCEF document number (Motion 002) 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46 were read on this motion to/for ORDER MAINTAIN CLASS ACTION. DECISION ORDER ON MOTION Plaintiffs Deanna Flores (“Flores”) and Ashleyann Berrios (“Berrios”) (together, plaintiffs), former employees of Dinosaur Restaurants, bring this action on behalf of themselves and all others similarly situated, against defendants Dinosaur Restaurants, LLC. (“Dinosaur Restaurants”), ABC Corps. 1-10, XYZ Companies 1-10, and Jane and John Does, 1-20, (collectively “defendants”). Plaintiffs state that their supervisor Stephen Lloyd (“Lloyd”) sexually harassed them and other employees at the Dinosaur Restaurants. Plaintiffs further claim that when they informed defendants of Lloyd’s actions, defendants did not sufficiently address the issue, and plaintiffs and the putative class members were retaliated against either by Lloyd or other management. Plaintiffs argue that defendants’ failure to sufficiently and meaningfully remedy the situation constituted sexual harassment, a hostile workplace and retaliation, in violation of Executive Law §290 et seq. of the New York State Human Rights Law, and Title 8 of the New York City Administrative Code, §8-107. They filed the current motion to maintain the case as a class action pursuant to CPLR 901 and 902. Dinosaur Restaurants filed a cross-motion to stay this action while its appeal of the court’s denial of their motion to dismiss is determined. Alternatively, they argue that this case should not be maintained as a class action because plaintiffs fail to meet their burden to certify a class under CPLR 901 and 902. The motion and cross-motion are denied for the reasons stated below. BACKGROUND FACTS AND PROCEDURAL HISTORY Dinosaur Restaurants operates a chain of barbeque restaurants across the State of New York, including Harlem (NYSCEF Doc. No. 1, Complaint, 4; NYSCEF Doc. No. 44, aff of Braddock, 2). Plaintiffs Flores and Berrios were employed by Dinosaur Restaurants at the Harlem location (NYSCEF Doc. No. 37, Braddock affirmation, 4). During the relevant time, plaintiffs attest that they were both supervised by Lloyd (NYSCEF Doc. Nos. 45-46, aff of Berrios and Flores respectively, at 6). Plaintiffs attest that during their employment with defendants, Lloyd consistently called them and the purported class members sexually inappropriate names and made inappropriate comments (id., 7). Specifically, Lloyd would allegedly use terms such as “bitch,” “whore,” and “slut” on a regular basis when referring to employees and would engage in unwanted physical touching (id., 10). Plaintiffs also attest that Lloyd called the male employees “sexy,” made comments about the size of their genitalia, and engaged in unwanted physical touching (id., 10). This allegedly created a hostile work environment for plaintiffs and the purported class members (id., 11). Plaintiffs and the purported class members complained about Lloyd’s behavior to the general manager (id., 12). However, plaintiffs attest that the general manager reviewed Lloyd’s behavior superficially and merely asked him to stop, which Lloyd ignored (id.). For instance, Flores filed a formal complaint against Lloyd on July 1, 2021 (NYSCEF Doc. No. 26, Sattiraju’s affirmation, exhibit C). When Flores filed her formal complaint against Lloyd, she also sent a letter to Human Resources on July 4, 2021 informing them that she experienced a hostile work environment from another superior for filing her complaint against Lloyd (id.). In response, the Chief Operating Officer, Mike Nugent, reviewed Flores’s complaint against Lloyd and determined, on July 8, 2021, that there was not enough evidence to take disciplinary action against him (NYSCEF Doc. No. 26, Sattiraju’s affirmation, exhibit D). Mr. Nugent stated that he would instead monitor Lloyd’s behavior and further informed Flores that her schedule could not be accommodated to avoid having the same shifts with Lloyd (id.). Around the same time, on July 5, 2021, the Kitchen Director, Garth Caruso, who was working at the Harlem location, personally heard Lloyd state to an employee who worked in the kitchen, Sylvia Vasquez, that her “‘rear end’ bounced” when dicing the vegetables (NYSCEF Doc. No. 28, Sattiraju’s affirmation, exhibit E). In response, an incident report was generated and Lloyd was admonished for his inappropriate behavior (id.). Both plaintiffs aver that when complaints were filed against Lloyd, however, he would be overly stern and short with plaintiffs and the purported class members (NYSCEF Doc Nos. 45-46 respectively,
12, 14). They state that defendants did not take sufficient and meaningful action to stop Lloyd from sexually harassing and creating a hostile work environment, (id.,
