Topic: make a 'modest factual showing' that they and potential opt… · Go Syfert
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Topic #3270

11 canonical passages across 9 cases, quoted by 96 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from Myers v. Hertz Corp..

#Case FlagCanonical passage Citers
1 Myers v. Hertz Corp. Anchor
ca2 · 2010
green “make a 'modest factual showing' that they and potential opt-in plaintiffs 'together were victims of a common policy or plan that violated the law.” 30
2 Benavides v. Serenity Spa NY Inc.
nysd · 2016
green “courts in this district commonly grant requests for the production of names, mailing addresses, email addresses, telephone numbers, and dates of employment in connection with the conditional certification of a flsa collective action.” 19
3 Korenblum v. Citigroup, Inc.
nysd · 2016
green “had the benefit of full discovery,” 8
4 Korenblum v. Citigroup, Inc.
nysd · 2016
green “for similar reasons, courts do 'not resolve factual disputes, decide ultimate issues on the merits, or make credibility determinations' at the first stage.” 7
5 Roberta Braunstein v. Eastern Photographic Laboratories, Inc. And Heart of America Portraits, Inc.
ca2 · 1979
green “although one might read the flsa, by deliberate omission, as not providing for notice . . . it makes more sense, in light of the 'opt-in' provision of 16(b) of the act, 29 u.s.c. 216 (b), to read the statute as permitting, rather than prohibiting, notice in an appropriate case.” 6
6 Realite v. Ark Restaurants Corp.
nysd · 1998
green “by making a modest factual showing sufficient to demonstrate that they and potential plaintiffs together were victims of a common policy or plan that violated the law.” 6
7 Yap v. Mooncake Foods, Inc.
nysd · 2015
green “because equitable tolling issues often arise as to individual opt-in plaintiffs ..., courts frequently permit notice to be keyed to the three-year period prior to the filing of the complaint, with the understanding that challenges to the timeliness of individual plaintiffs' acti…” 5
8 Creely v. HCR ManorCare, Inc.
ohnd · 2011
green “it is more likely that a group of similarly situated individuals may be uncovered by soliciting opt-in plaintiffs'-in other words, that plaintiffs have, through discovery, 'advanced the ball down the field.” 4
9 Creely v. HCR ManorCare, Inc.
ohnd · 2011
green “the court still will not decide the ultimate merits of the case or issues better suited for a decertification motion.” 4
10 Guan Ming Lin v. Benihana Nat'l Corp.
nysd · 2010
green “plaintiff's supporting allegations must be specific, not conclusory” 4
11 Wilner v. OSI Collection Services, Inc.
nysd · 2001
green “numerosity, commonality, typicality, and adequacy of representation” 3

A red or yellow flag on a member means the underlying case has negative treatment — for those, check the case page before relying on the passage.

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