Wage Claims in FLSA Collective Action Proceed to June 2026 Trial After Judge Denies Second Summary Judgment Motion

The dispute centers on allegations by plaintiff Wilbert Perez (spelled "Wilbert" in the draft, corrected to "WilburT" based on source: WILBURT PEREZ), proceeding on behalf of himself and similarly situated workers, against defendants Michael J. Martino and Jonas Bronck Housing Co. Inc. The case involves claims under the Fair Labor Standards Act and New York Labor Law regarding alleged wage violations.

At a telephonic pretrial conference on April 22, the court addressed defendants’ request for leave to file a second summary judgment motion. The defendants sought this relief based on new information obtained after the court resolved their first summary judgment motion, specifically citing testimony from the deposition of defendant Michael J. Martino.

Judge Failla reviewed the transcript of Mr. Martino’s deposition to determine whether granting leave would be an efficient use of judicial and party resources. She concluded that the testimony would not allow her to resolve any or all of the remaining FLSA and NYLL claims as a matter of law.

Accordingly, the court denied the motion for leave to file a second summary judgment motion. The order notes that the deposition testimony does not permit resolution of the remaining claims as a matter of law.

Instead of granting additional briefing, Judge Failla ordered that trial in the matter shall begin on June 22, 2026, at 9:00 a.m. in Courtroom 618 of the Thurgood Marshall Courthouse, 40 Foley Square, New York.

The court instructed the parties to comply with Rule 7 of the Court’s Individual Rules of Practice in Civil Cases when submitting pretrial materials. The parties’ Joint Pretrial Order, motions in limine, requests to charge, proposed voir dire questions, and any pretrial memoranda of law are due on or before June 1, 2026.

Any opposition papers to these pretrial submissions are due on or before June 8, 2026. The final-pretrial conference is scheduled for June 15, 2026, at 2:00 p.m. in the same courtroom.

Judge Failla noted that if both parties wish to be referred to Magistrate Judge Ona T. Wang or to the Court’s mediation program, they must promptly inform the court in writing. However, she stated that the court does not contemplate adjourning the June 22 trial date to accommodate settlement discussions.

The court also requested that any offer of judgment in the case be filed on or before June 1, 2026. This deadline is earlier than the fourteen-day advance filing requirement specified in Federal Rule of Civil Procedure 68, and is intended to coincide with the opening round of pretrial submissions.