Savinova et al v. Nova Home Care, LLC et al
| Connecticut District Court | |
| Judge: | Thomas O Farrish |
| Referred: | Thomas O Farrish |
| Case #: | 3:20-cv-01612 |
| Nature of Suit | 710 Labor - Fair Labor Standards Act |
| Cause | 29:201 Denial of Overtime Compensation |
| Case Filed: | Oct 27, 2020 |
| Last checked: Sunday Apr 25, 2021 6:08 AM EDT |
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Defendant
Aleh Huliavatsenka
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Represented By
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Defendant
Nova Home Care, LLC
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Represented By
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Defendant
Yuliya Novikava
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Represented By
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Defendant
Southern Home Care Services, Inc.
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Represented By
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Plaintiff
Yemiliya Mazur
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Represented By
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Plaintiff
Yelena Savinova
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Represented By
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GPO
Mar 29 2024
ORDER granting in part and denying in part 149 Defendant Southern's motion for summary judgment; denying 154 Defendant Novikava's motion for summary judgment. For the reasons explained in the attached ruling, Southern's motion for summary judgment is GRANTED IN PART and DENIED IN PART and Novikava's motion for partial summary judgment is DENIED. Specifically, Southern's motion is granted insofar as the Court finds it is entitled to summary judgment against the eighteen Plaintiffs who only worked for Nova; that Southern entered into an implied agreement to exclude sleep time with Plaintiff Chumakova; and that it did not have actual or constructive knowledge of sleep time interruptions experienced by Plaintiff Fedotova and Plaintiff Semir Ahmetovic. Southern's motion is denied insofar as the Court finds there are genuine disputes of material fact pertinent to Plaintiffs' joint employer theory of liability and whether Southern violated the FLSA willfully. Novikava's motion for partial summary judgment is denied, as there are genuine issues of material fact concerning whether she was an employer for FLSA or CMWA purposes.The Court will schedule a status conference to set dates for pretrial submissions and trial.Signed by Judge Sarala V. Nagala on 3/29/2024. |
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GPO
Mar 29 2024
ORDER granting in part and denying in part 146 Defendants' motion for summary judgment. For the reasons described in the attached ruling, Defendants' motion for summary judgment is GRANTED IN PART and DENIED IN PART. The Court finds there are genuine disputes of fact pertinent to Plaintiffs' joint employer theory of liability that preclude summary judgment on the overtime claims of Plaintiffs who worked for both Nova and Southern. As for deficiencies with individual Plaintiffs' sleep time claims, there is no genuine dispute that Nova did not have actual or constructive knowledge of potential sleep time disruptions experienced by Plaintiffs Doumbia, Fedotova, Ilina, McLaughlin, Rutkowska, and Spencer. The Court further finds that there are genuine disputes of fact on whether Nova violated the FLSA "willfully," such that a three-year statute of limitations period may be appropriate. Because the Court declines to equitably toll the statute of limitations period further, however, the sleep time claims of Plaintiffs Fuseini, Harrison, Jaksina, Kalata, and Vlasova are fully time-barred. Plaintiffs Doumbia, Fedotova, Ilina, McLaughlin, Rutkowska, and Spencer may proceed on their sleep time claims on the theory that there was not a valid agreement to exclude sleep from their pay. As described in the rulilng, the Court is considering whether to grant summary judgment in Defendants' favor on the break time claims of Plaintiffs Fuseini, Harrison, Jaksina, Kalata, and Vlasova on statute of limitations grounds. See Fed. R. Civ. P. 56(f)(3). By April 12, 2024, Plaintiffs may file a memorandum of law and any supporting exhibits demonstrating why Defendants should not be granted summary judgment on this basis. Defendants may respond within fourteen days after Plaintiffs' submission. No reply briefing will be permitted.Setting aside the break time claims of Plaintiffs Fuseini, Harrison, Jaksina, Kalata, and Vlasova--the fate of which remains to be decided--the break time claims of all other Plaintiffs will proceed to trial. The Court will schedule a status conference to set dates for pretrial submissions and trial. Signed by Judge Sarala V. Nagala on 3/29/2024. (Piccolo, M) |
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GPO
Mar 29 2024
ORDER denying 147, 150 Defendants' motions for decertification of the FLSA collective; denying 153 Plaintiffs' motion for class certification. For the reasons explained in the attached ruling, Southern and Nova's motions for decertification of the conditionally certified FLSA collective are DENIED, and Plaintiffs' motion for class certification pursuant to Federal Rule of Civil Procedure 23 is DENIED.Signed by Judge Sarala V. Nagala on 3/29/2024. (Piccolo, M) |
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GPO
Jul 26 2024
ORDER denying 202, 203, 205 motions for reconsideration; 204 renewed motion for class certification. For the reasons described in the attached Order, all motions for reconsideration are DENIED and Plaintiffs' renewed motion for class certification is DENIED. The Court does not certify this Order for an interlocutory appeal under 28 U.S.C. § 1292(b). As described in its ruling granting in part and denying in part the Nova Defendants' motion for summary judgment, the Court is considering whether to grant summary judgment in Defendants' favor on the break time claims of Plaintiffs Fuseini, Harrison, Jaksina, Kalata, and Vlasova on statute of limitations grounds. See Fed. R. Civ. P. 56(f)(3). By August 9, 2024, Plaintiffs may file a memorandum of law and any supporting exhibits demonstrating why the Nova Defendants should not be granted summary judgment on this basis. Defendants may respond within fourteen days after Plaintiffs' submission. No reply briefing will be permitted. Signed by Judge Sarala V. Nagala on 7/26/2024. (Piccolo, M) |
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GPO
Apr 07 2025
ORDER denying 238 Motion to Certify Class. Signed by Judge Thomas O. Farrish on 4/7/25. (Wood, R.) |
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GPO
Apr 14 2025
ORDER granting Summary Judgment as to the Break Time claims of the plaintiffs Lateefatu Fuseini, Karen Harrison, Marianna Jaksina, Maria Kalata, and Galyna Vlasova. See attached document. Signed by Judge Thomas O. Farrish on 04/14/2025.(Higgins, J) |
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GPO
May 04 2025
ORDER granting in part and denying in part 261 Motion To Allow Remote Trial Testimony. As set forth in the attached ruling, the motion is granted on conditions as to Svitlana Voroshylova but denied as to Yelena Savinova, Portia Atongdem, and Hanifa Yakubu. Signed by Judge Thomas O. Farrish on 05/04/2025. (Farrish, Thomas) |
| Docket last updated: 05/09/2025 11:59 PM EDT |
| Friday, May 09, 2025 | ||
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order
Order
Fri 05/09 5:49 PM
ORDER re: Trial. The bench trial previously scheduled for May 12 - May 23, 2025 is canceled in light of the parties' settlement, which they confirmed on the record during today's teleconference. Signed by Judge Thomas O. Farrish on 05/09/2025. (Farrish, Thomas) |
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| 298 | 298
order
Order on Motion for Miscellaneous Relief
Fri 05/09 4:48 PM
ORDER granting293 Motion for Leave to Withdraw Consent to Join Lawsuit. As discussed at today's teleconference, the claims of plaintiff Justice Asmah are DISMISSED with prejudice. Signed by Judge Thomas O. Farrish on 05/09/2025. (Farrish, Thomas) |
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order
Order on Motion in Limine
Fri 05/09 4:45 PM
ORDER denying270 Motion in Limine as moot in light of the reported settlement. Signed by Judge Thomas O. Farrish on 05/09/2025. (Farrish, Thomas) |
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Calendar Entry
Fri 05/09 2:09 PM
NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. Telephonic Status Conference set for 5/9/2025 at 4:30 PM in Remote Setting before Judge Thomas O. Farrish. Conference line - 1-860-506-1344, Access Code - 640-121-430# (Wood, R.) |
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order
Order
Fri 05/09 1:38 PM
ORDER: This case has settled. The parties should coordinate with Judge Farrish's chambers regarding an FLSA fairness hearing. Signed by Judge Robert A. Richardson on 5/9/2025. (Fries, J.) |
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| Wednesday, May 07, 2025 | ||
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motion
Miscellaneous Relief
Wed 05/07 3:08 PM
MOTION Leave to Withdraw Justice Asmah's Consent to Join Lawsuit by Yemiliya Mazur, Yelena Savinova.Responses due by 5/28/2025(Kurzyna, Mariusz) |
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Att: 1
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Exhibit 1: Declaration of Justice Asmah
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| Tuesday, May 06, 2025 | ||
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order
Order on Motion for Miscellaneous Relief
Tue 05/06 4:50 PM
ORDER granting291 Motion to Permit Bosnian Interpreter to Appear Remotely. Signed by Judge Thomas O. Farrish on 05/06/2025. (Farrish, Thomas) |
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motion
Miscellaneous Relief
Tue 05/06 4:04 PM
Consent MOTION to Allow Bosnian Interpreter to Appear Remotely by Yemiliya Mazur, Yelena Savinova.Responses due by 5/27/2025 (Kurzyna, Mariusz) |
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| 290 | 290
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trial
Trial Memo
Tue 05/06 11:24 AM
TRIAL MEMO Supplement by Aleh Huliavatsenka, Nova Home Care, LLC. (Ditman, Elizabeth) |
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| Monday, May 05, 2025 | ||
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order
Order
Mon 05/05 6:50 PM
ORDER re: Defendant Southern's non-party employee witnesses. In the Joint Trial Memorandum and during the pretrial conference, plaintiffs contended that they were entitled to the contact information of the four non-party employees who Southern listed as witnesses (the "Four Southern Witnesses"). The Court agrees. Rule 26 of the Federal Rules of Civil Procedure requires a party to "provide to the other parties... the name and, if not previously provided, the address and telephone number of each witness[.]" Fed. R. Civ. P. 26(a)(3)(A)(i). Moreover, the Instructions for the Joint Trial Memorandum directed each party to "set forth the names and addresses of each witness to be called at trial." Accordingly, Southern is directed to provide the addresses and phone numbers of the Four Southern Witnesses by May 7, 2025, at 12:00 p.m. The question remains whether plaintiffs' counsel can communicate with the Four Southern Witnesses before trial and outside the presence of Southern's lawyers. The District of Connecticut recognizes the authority of the Connecticut Rules of Professional Conduct. See D. Conn. L. Civ. R. 83.2(a); Danaher v. Cumberland Farms, Inc. , No. 3:09-cv-01406 (JGM), 2011 WL 13334529, at *4 (D. Conn. Mar. 28, 2011). Connecticut's rules prohibit a lawyer from communicating "about the subject of the representation with a party the lawyer knows to be represented by another lawyer in the matter, unless the lawyer has the consent of the other lawyer or is authorized by law to do so." Conn. R. Prof. Conduct 4.2. At the final pretrial conference, Attorney Polly stated on the record that he and his firm represented the Four Southern Witnesses. The Court remains unclear, however, whether Attorney Polly and his firm specifically formed individual attorney-client relationships with each of the four, or whether instead they are simply claiming that their representation of Southern implies representation of the four. If the former, Southern's counsel Polly shall certify that fact to plaintiffs' counsel by May 6, 2025, at 5:00 p.m., and plaintiffs' counsel shall have no contact with the four outside the presence of Southern's counsel. Even if it is the latter, the Court does not have enough information to dispute Attorney Polly's claim of representation, and therefore declines to authorize plaintiffs' counsel to contact the Four Southern Witnesses ex parte at this time. If Southern's counsel does not certify individual representations by May 6 at 5:00 p.m., and the plaintiffs wish to further pursue the issue of whether Southern's counsel's representation of the corporation implies representation of the four witnesses, they may file, by May 7, 2025, at 5:00 p.m. a brief of no more than five pages, explaining their position as to why the four are not persons (1) who have "a managerial responsibility on behalf of the organization," (2) whose acts or omissions in connection with the matter "may be imputed to the organization" or (3) whose statements "may constitute an admission on the part of the organization." See Official Commentary to Conn. R. Prof. Conduct 4.2. Their attention is respectfully directed to cases like Orlowski v. Dominick's Finer Foods, Inc. , 937 F. Supp. 723 (N.D. Ill. 1996) (holding that persons who make decisions over "hiring, scheduling work shifts, and recommending terminations... [c]learly... fall within the... category of managerial employees" referenced in Illinois' identical Rule 4.2). Southern will have until May 8, 2025, at 5:00 p.m. to file an opposition of no more than five pages. Each party's page limit does not include deposition transcript excerpts attached as exhibits. No reply brief will be allowed unless specifically requested by the Court. It is so ordered. Signed by Judge Thomas O. Farrish on 05/05/2025. (Higgins, J) |
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order
Order
Mon 05/05 4:01 PM
ORDER. Pursuant to the District of Connecticut's cellular telephone and laptop computer policies, the attorneys in this case are permitted to bring their cell phones and laptops into the courthouse during the trial. The Court will also permit (1) the individual defendants to bring their laptops into the courthouse for the purposes of following along with the presentation of exhibits during the proceedings; the defendants shall not connect to wi-fi while in the courthouse; and (2) the plaintiffs and the individual defendants to bring their cell phones into the courthouse so long as they are turned off - that is, completely off and not just on silent while they are in the courtroom. The Court reminds the parties that using a computer, cell phone or other device to take photographs, record video, or broadcast any proceedings of the court is strictly prohibited. See D. Conn. L. Civ. R. 81.11. It is so ordered. Signed by Judge Thomas O. Farrish on 5/5/25.(Wood, R.) |
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Calendar Entry
Mon 05/05 12:34 PM
NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. Bench Trial set for 5/23/2025 at 9:00 AM in South Courtroom, 450 Main St., Hartford, CT before Judge Thomas O. Farrish. (Wood, R.) |
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Calendar Entry
Mon 05/05 12:33 PM
NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. Bench Trial set for 5/22/2025 at 9:00 AM in South Courtroom, 450 Main St., Hartford, CT before Judge Thomas O. Farrish. (Wood, R.) |
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Calendar Entry
Mon 05/05 12:32 PM
NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. Bench Trial set for 5/21/2025 at 9:00 AM in South Courtroom, 450 Main St., Hartford, CT before Judge Thomas O. Farrish. (Wood, R.) |
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Mon 05/05 12:30 PM
NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. Bench Trial set for 5/20/2025 at 9:00 AM in South Courtroom, 450 Main St., Hartford, CT before Judge Thomas O. Farrish. (Wood, R.) |
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Mon 05/05 12:29 PM
NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. Bench Trial set for 5/19/2025 at 9:00 AM in South Courtroom, 450 Main St., Hartford, CT before Judge Thomas O. Farrish. (Wood, R.) |
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Mon 05/05 12:28 PM
NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. Bench Trial set for 5/16/2025 at 9:00 AM in South Courtroom, 450 Main St., Hartford, CT before Judge Thomas O. Farrish. (Wood, R.) |
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Mon 05/05 12:26 PM
NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. Bench Trial set for 5/15/2025 at 9:00 AM in South Courtroom, 450 Main St., Hartford, CT before Judge Thomas O. Farrish. (Wood, R.) |
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Mon 05/05 12:23 PM
NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. Bench Trial set for 5/14/2025 at 9:00 AM in South Courtroom, 450 Main St., Hartford, CT before Judge Thomas O. Farrish. (Wood, R.) |
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Mon 05/05 12:13 PM
NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. Bench Trial set for 5/13/2025 at 9:00 AM in South Courtroom, 450 Main St., Hartford, CT before Judge Thomas O. Farrish. (Wood, R.) |
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Calendar Entry
Mon 05/05 9:43 AM
NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. Bench Trial set for 5/12/2025 to 5/23/2025 at 9:00 AM in South Courtroom, 450 Main St., Hartford, CT before Judge Thomas O. Farrish. (Wood, R.) |
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| Sunday, May 04, 2025 | ||
| 277 | 277
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order
Order on Motion for Miscellaneous Relief
Sun 05/04 6:58 PM
ORDER granting in part and denying in part261 Motion To Allow Remote Trial Testimony. As set forth in the attached ruling, the motion is granted on conditions as to Svitlana Voroshylova but denied as to Yelena Savinova, Portia Atongdem, and Hanifa Yakubu. Signed by Judge Thomas O. Farrish on 05/04/2025. (Farrish, Thomas) |
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| 276 | 276
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order
Order on Motion to Bifurcate
Sun 05/04 6:15 PM
ORDER denying 267 Motion to Bifurcate. Signed by Judge Thomas O. Farrish on 05/04/2025. (Farrish, Thomas) |
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| Friday, May 02, 2025 | ||
| 275 | 275
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respm
Memorandum in Support of Motion
Fri 05/02 5:39 PM
Supplemental Memorandum in Support re 267 MOTION to Bifurcate filed by Southern Home Care Services, Inc.. (Kurke, Christine) |
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| 274 | 274
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trial
Exhibit
Fri 05/02 12:52 PM
EXHIBIT (Savinova Declaration) by Yelena Savinova re261 MOTION to Allow Remote Trial Testimony by Yelena Savinova, Svitlana Voroshylova, Portia Atongdem, and Hanifa Yakubu . (Savytska, Olena) |
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