Ritz v. Mike Rory Corp., 1:12-cv-00367

Ritz sued on behalf of themselves and others for FLSA collective action against Astoria Brewhouse owner and related individuals.
Ritz sought notice to all current and former tipped hourly workers since January 26, 2009.
Judge Weinstein referred Ritz’s motion to Levy, who initially found Ritz’s affidavit inadequate for conditional certification.
Ritz submitted a supplemental declaration; defendants withdrew opposition to certification but objected to the proposed notice form.
Levy granted conditional certification on April 17, 2013 and issued a notice form with a three-year look-back, then denied reconsideration on April 29, 2013.
Ritz moved for reconsideration arguing for equitable tolling of the statute of limitations from September 24, 2012 to April 17, 2013; court denied.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the notice period length was correct.	Ritz seeks a longer period, arguing tolling is justified by court delay.	Court’s order properly set the notice period to three years prior to the certification order.	Not warranted; notice period fixed by the Apr. 17, 2013 order stands.
Whether equitable tolling should apply to opt-ins due to court delay.	Delay in ruling justifies tolling from Sept. 24, 2012 to Apr. 17, 2013.	No inequitable circumstances; tolling unnecessary.	Equitable tolling denied; no tolling warranted.
Whether reconsideration is appropriate given the court’s prior handling of the issue.	Argues the court overlooked authority or facts requiring different relief.	Relies on prior reasoning; no new controlling data.	Reconsideration denied; no overlooked authority or new facts established.

Shrader v. CSX Transp., Inc., 70 F.3d 255 (2d Cir. 1995) (reconsideration standard and need for new controlling data)
Zerilli–Edelglass v. N.Y. City Transit Auth., 333 F.3d 74 (2d Cir. 2003) (equitable tolling and rare, exceptional circumstances)