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Sept 24, 2013

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MTA In Suit By Bridge Maintainers Declines To Give Paid Day for Deposition So Alternate Eyed

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SDNY COURTHOUSE, Oct 24 – Sabato Conte and other Bridge and Tunnel Maintainers and Custodians sued the MTA under the Fair Labor Standards Act to recover unpaid overtime and liquidated damages.

 On October 24, 2022, U.S. District Court for the Southern District of New York Judge Valerie E. Caproni held a telephone status conference. Inner City Press called in and covered it. 

  The conference concerned discovery in this case, for example whether opt-in plaintiff Robert Macauley could be given a paid day off to be deposed.  The MTA's lawyer declined, citing unions.

Judge Caproni ruled that plaintiffs' counsel must provide written confirmation to the court by October 26 that McCauley has no remaining paid time off that could be used for him to participate in a deposition in the case.

If not, the MTA should consider him unavailable and ID another alternative opt-in plaintiff to depose.

The case is Conte et al v. Metropolitan Transportation Authority et al., 21-cv-2516 (Caproni)


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