Lawrence v. Goals Aesthetic and Plastic Surgery

Counsel Fails to Adequately Represent Class; Motion for Decertification Granted

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MEMORANDUM OPINION & ORDER I. INTRODUCTION More than six years ago, Plaintiffs brought this putative class and collective action for unpaid overtime wages. Since then, counsel for Plaintiffs have failed to diligently pursue discovery, failed to comply with the Federal Rules of Civil Procedure, and, it has become clear, failed to adequately represent the class in the lead up to trial. Most notably, Plaintiffs’ counsel failed to pursue production of class-wide payroll records — throughout a lengthy discovery period that was twice extended and later reopened — without which, as Plaintiffs’ counsel commented, it became “impossible” to present a coherent statement of the class’s damages as required by Federal Rule of Civil Procedure 26. During this extended litigation, the Court has granted multiple discovery extensions, declined to impose harsh sanctions for Plaintiffs’ discovery violations, and preserved class certification by revising the class definition. But the recent revelation that class counsel failed throughout the discovery period to seek evidence of the class’s damages requires reevaluation of the counsel’s adequacy to represent the class. Because class counsel failed to adequately represent the class, and to comply with the obligation to produce a viable class-wide statement of damages under Federal Rule of Civil Procedure 26, Defendants’ motion for decertification of the class is GRANTED. II. BACKGROUND A. Summary of the Case and Plaintiffs’ Claims The Court refers to its previous opinions in this case for a comprehensive description of Plaintiffs’ claims and the facts of this case, but briefly summarizes them here. Plaintiffs are former employees of Defendant Goals Aesthetic and Plastic Surgery (“Goals”), a New York cosmetic surgery practice. Dkt. No. 5 (“Complaint”). Plaintiffs Courtney Braccia and Wendy Rosado were patient coordinators at Goals. Id.

Lawrence v. Goals Aesthetic and Plastic Surgery

Counsel Fails to Adequately Represent Class; Motion for Decertification Granted

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