On April 26, 2017 a
Exhibit,Appendix
was filed
involving a dispute between
Rachel Herman,
Randy Wilkins,
Renda Greenhill,
and
Judlau Contracting, Inc.,
for Commercial Division
in the District Court of New York County.
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INDEX NO. 652249/2017
NYSCEF DOC. NO. 332 RECEIVED NYSCEF: 03/22/2024
Exhibit G
ED: eS ORI OUN ERI INDEX NO. 652249/2017
NYSCEF DOG. NO. 332 RECEIVED NYSCEF: 03/22/2024
SUPREME COURT OF THE STATE OF NEW YORK
NEW YORK COUNTY
PRESENT: HON. ANDREW BORROK PART S3
7
Crate
Index.Number : 652249/2017
HERMAN, RACHEL INDEX NO.
VS.
JUDLAU CONTRACTING, INC MOTION DATE
SEQUENCE NUMBER : 002 MOTION SEQ. NO.
CLASS CERTIFICATION
The following papers, numbered 1 to , Were read on this motion to/for
Notice of Motion/Order to Show Cause — Affidavits — Exhibits INojs)
Answering Affidavits — Exhibits [Nofs).
Replying Affidavits [Nojs).
Upon the foregoing papers, it is ordered that this motionis glécivleol accortonye mith the
vasons set forth on the record (2117/2014) ard tre plandtts
mohorn for class ectReation CS granted, as pea the ortlacheol
ork.
j—
Dated: 2/7 ( J.S.C.
HO * ANDREW BORRQKo
4, CHECK ONE: .ssssscssee (2 CASE DISPOSED
2. CHECK AS APPROPRIATE: MOTION Is: DX GRANTED CI DENIED CUGRANTED IN PART S.Gien
3. CHECK IF APPROPRIATE: (SETTLE ORDER CSUBMIT ORDER
(D0 NoT Post (FIDUCIARY APPOINTMENT (REFERENCE
1 of 3
oe
ORI OUN INDEX NO, 652249/2017
NYSCEF BOE. NO. 322 RECEIVED NYSCEF: 03/22/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
RACHEL HERMAN, RENDA
GREENHILL, and RANDY WILKINS,
Individually and on Behalf of the Putative
Class Members,
Index No. 652249/2017
Plaintiffs, Justice Andrew Borrok
Mot. No. 002
-against-
JUDLAU CONTRACTING, INC.,
Defendant.
ORDER CERTIFYING PLAINTIFFS’
NYLL AND COMMON LAW CLAIMS AS A C.P.L.R. § 901 CLASS ACTION
The above-captioned matter came before the Court by Motion for Certification of
Plaintiffs’ NYLL and Common Law Claims as a class action pursuant to CPLR § 901, and the
Court, having reviewed the said Motion and the proposed Notice of Pendency of Class Action,
ORDERS that IT IS HEREBY ORDERED that:
1 Plaintiffs’ breach of contract claims for unpaid prevailing wages are certified as a
C.P.LR. § 901 class action on behalf of a class defined as: all persons employed by Defendant or
subcontracted by Defendant through Network of Patrols, Inc. at any time from April 26, 2011
through the present who worked as non-union flaggers on public works projects in the State of
New York (the “Class”) and
2 Plaintiffs’ NYLL claims for wage notice violations are certified as a CPLR § 901
class action on behalf of a subclass defined as: all persons employed by Defendant at any time
2 of 3
(FLL) INTY CLER! 02/28/2025 12:93 Pi
EM) INDEX NO. 652249/2017
NYSEEF BOE. NO. 332 RECEIVED NYSEEF: 03/22/2024
from April 26, 2011 through the present who worked as non-union flaggers on public works
projects in the State of New York (the “Wage Notice Subclass”); and
3 Plaintiffs Rachel Herman, Renda Greenhill and Randy Wilkins are certified as class
representatives for the Class and Wage Notice Subclass; and
4 Pelton Graham LLC is appointed Class Counsel; and
5 The class action notice entitled “NOTICE OF PENDENCY OF CLASS ACTION,”
(Declaration of Brent E. Pelton, Ex. 23) is hereby approved for mailing to the Class and Wage
Notice Subclass; and
6 Defendants shall provide to Plaintiffs, within ten (10) days following the date of
this Order, the names, addresses, phone numbers and email addresses of all potential class
members who worked in the above positions from on or after April 26, 2011 to December
17,2014 : This information shall be supplied digitally in one of the following formats:
Microsoft Excel; or Microsoft Word.
7. Plaintiffs shall mail and email the Notice of Pendency of Class Action to all
potential plaintiffs no later than ten (10) days following Defendants’ disclosure of the contact
information for the Class members;
8 Class members may exclude themselves from the Class by sending a written request
within thirty (30) days from mailing of the Notice of Pendency of Class Action to Class Counsel.
It is SO ORDERED this {T__ day of_Pecenrbev
, 2019
|
(Honordble Andfew Borrok
JS.
Hon. Andrew Borrok
3 of 3
Document Filed Date
March 22, 2024
Case Filing Date
April 26, 2017
Category
Commercial Division
Status
Disposed-Court Date/Application Pending
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INDEX NO. 652249/2017 NYSCEF DOC. NO. 332 RECEIVED NYSCEF: 03/22/2024 Exhibit G ED: eS ORI OUN ERI INDEX NO. 652249/2017 NYSCEF DOG. NO. 332 RECEIVED NYSCEF: 03/22/2024 SUPREME COURT OF THE STATE OF NEW YORK NEW YORK COUNTY PRESENT: HON. ANDREW BORROK PART S3 7 Crate Index.Number : 652249/2017 HERMAN, RACHEL INDEX NO. VS. JUDLAU CONTRACTING, INC MOTION DATE SEQUENCE NUMBER : 002 MOTION SEQ. NO. CLASS CERTIFICATION The following papers, numbered 1 to , Were read on this motion to/for Notice of Motion/Order to Show Cause — Affidavits — Exhibits INojs) Answering Affidavits — Exhibits [Nofs). Replying Affidavits [Nojs). Upon the foregoing papers, it is ordered that this motionis glécivleol accortonye mith the vasons set forth on the record (2117/2014) ard tre plandtts mohorn for class ectReation CS granted, as pea the ortlacheol ork. j— Dated: 2/7 ( J.S.C. HO * ANDREW BORRQKo 4, CHECK ONE: .ssssscssee (2 CASE DISPOSED 2. CHECK AS APPROPRIATE: MOTION Is: DX GRANTED CI DENIED CUGRANTED IN PART S.Gien 3. CHECK IF APPROPRIATE: (SETTLE ORDER CSUBMIT ORDER (D0 NoT Post (FIDUCIARY APPOINTMENT (REFERENCE 1 of 3 oe ORI OUN INDEX NO, 652249/2017 NYSCEF BOE. NO. 322 RECEIVED NYSCEF: 03/22/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK RACHEL HERMAN, RENDA GREENHILL, and RANDY WILKINS, Individually and on Behalf of the Putative Class Members, Index No. 652249/2017 Plaintiffs, Justice Andrew Borrok Mot. No. 002 -against- JUDLAU CONTRACTING, INC., Defendant. ORDER CERTIFYING PLAINTIFFS’ NYLL AND COMMON LAW CLAIMS AS A C.P.L.R. § 901 CLASS ACTION The above-captioned matter came before the Court by Motion for Certification of Plaintiffs’ NYLL and Common Law Claims as a class action pursuant to CPLR § 901, and the Court, having reviewed the said Motion and the proposed Notice of Pendency of Class Action, ORDERS that IT IS HEREBY ORDERED that: 1 Plaintiffs’ breach of contract claims for unpaid prevailing wages are certified as a C.P.LR. § 901 class action on behalf of a class defined as: all persons employed by Defendant or subcontracted by Defendant through Network of Patrols, Inc. at any time from April 26, 2011 through the present who worked as non-union flaggers on public works projects in the State of New York (the “Class”) and 2 Plaintiffs’ NYLL claims for wage notice violations are certified as a CPLR § 901 class action on behalf of a subclass defined as: all persons employed by Defendant at any time 2 of 3 (FLL) INTY CLER! 02/28/2025 12:93 Pi EM) INDEX NO. 652249/2017 NYSEEF BOE. NO. 332 RECEIVED NYSEEF: 03/22/2024 from April 26, 2011 through the present who worked as non-union flaggers on public works projects in the State of New York (the “Wage Notice Subclass”); and 3 Plaintiffs Rachel Herman, Renda Greenhill and Randy Wilkins are certified as class representatives for the Class and Wage Notice Subclass; and 4 Pelton Graham LLC is appointed Class Counsel; and 5 The class action notice entitled “NOTICE OF PENDENCY OF CLASS ACTION,” (Declaration of Brent E. Pelton, Ex. 23) is hereby approved for mailing to the Class and Wage Notice Subclass; and 6 Defendants shall provide to Plaintiffs, within ten (10) days following the date of this Order, the names, addresses, phone numbers and email addresses of all potential class members who worked in the above positions from on or after April 26, 2011 to December 17,2014 : This information shall be supplied digitally in one of the following formats: Microsoft Excel; or Microsoft Word. 7. Plaintiffs shall mail and email the Notice of Pendency of Class Action to all potential plaintiffs no later than ten (10) days following Defendants’ disclosure of the contact information for the Class members; 8 Class members may exclude themselves from the Class by sending a written request within thirty (30) days from mailing of the Notice of Pendency of Class Action to Class Counsel. It is SO ORDERED this {T__ day of_Pecenrbev , 2019 | (Honordble Andfew Borrok JS. Hon. Andrew Borrok 3 of 3