Creely v. HCR ManorCare, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• finding that “the Court is not swayed by [the employer’s] submission of thirty-five ‘happy camper’ affidavits
• noting that the Court’s analysis at the conditional certification stage is whether the proposed class is “similarly situated” and “does not touch upon the merits of plaintiffs’ claims”
• distinguishing Saleen based on the difference between an argument based on implementation of a policy and one based on enforcement of a policy-to-violate-the-policy
• noting “the absurd result of granting the parties time to do discovery on the conditional certification question but subsequently imposing no incremental hurdle in determining whether Plaintiffs may send opt-in notices”
• collecting eases applying the intermediate standard while recognizing that “courts have had a difficult time elucidating an intermediate, or hybrid, standard that falls between the lenient first-stage and the strict second-stage review”
• “The first stage is ‘fairly lenient,’ requiring only that plaintiffs show a colorable basis for their claim that a class of similarly situated plaintiffs exists.”

Source: CourtListener parenthetical corpus (CC0).