Seyfarth Synopsis: A New York federal
court once again denied a motion for conditional certification of a
nationwide collective action against Barnes & Noble. The
ruling highlights that, even though the burden for "first
stage" certification is modest, courts are willing to apply a
"modest plus" approach after discovery relevant to
conditional certification has taken place. It also shows the
potential positive impact the Supreme Court's recent Encino
Motorcars decision may have for employers opposing conditional
certification.
Foreword
Once upon a time, we
blogged about a decision in the Southern District of New York
denying conditional certification of a nationwide collective of
café managers at Barnes & Noble. Undeterred, the
managers again sought conditional certification, this time after
the parties conducted extensive discovery focused on issues
pertinent to conditional certification. Magistrate Judge
Katharine H. Parker concluded this story by again
