century golf partners lawsuit

lock Mich. Jan. 5, 2011) and similar cases. Bankers Life Assurance Co. of Fl. The Century Plaza Hotel is located at 2025 Avenue of the Stars. Metzger's suit in the federal district court in New York has been stayed pending this Court's determination of the proposed global settlement. 1999) citing Save Power Ltd. v. Syntek Fin. Law360 provides the intelligence you need to remain an expert and beat the competition. Two adjunct professors at the Long Beach Community College District filed a class-action lawsuit on Monday, alleging the district illegally forced them to do unpaid work outside the classroom such as grading, class preparation and meeting with students. Off Calendar Aug-18-2014 Continued To Nov-05-14 At 10:30 A.m. The form may also be accessed at the following link:http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. 10-CV-3617, 2014 U.S. Dist. Off Calendar Jun-23-2015 Continued To Aug-25-15 At 10:30 A.m. 1999)). (McMorrow, Karen) (Entered: 06/16/2014), COMPLAINT against CGPM/WMC Operating, LLC, Century Golf Partners Management, LP, James Hinckley, Lisa Taylor filing fee $ 400, receipt number 0207-6997584 Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by Anthony Metzger. ), an action filed 3 months prior to the underlying action, seeking unpaid overtime under the FLSA and New York Labor Law (NYLL), as well as unpaid gratuities, and uniform pay and spread of hours pay violations. Heist of the Century. 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The first-to-file rule provides that "when related cases are pending before two federal courts, the court in which the case was last filed may refuse to hear it if the issues raised by the cases substantially overlap." The suit filed by a bartender and waitress at the Fox Valley Club seeks to recover unpaid gratuities for all servers and bartenders who worked catered events at the local Arnold Palmer clubs over the past six years. Century Golf Partners was founded in 2005. On average, employees at Century Golf Partners stay with the company for 4.8 years. Law360 may contact you in your professional capacity with information about our other products, services and events that we believe may be of interest.Youll be able to update your communication preferences via the unsubscribe link provided within our communications.We take your privacy seriously. Century Golf Partners is one of the industry's leading investment and management companies created to acquire and manage private clubs, resorts, and public golf courses. At Century Golf Partners, Employees share in the responsibility of providing the safest environment possible for our members, guests and fellow co-workers. anthemos georgiades net worth; wedding max minghella wife; private beach airbnb california; antique english double barrel shotguns; tuscany faucet cartridge removal; primeweld cut 60 machine torch Complaint for Civil Rights (Over $25,000), Notice of Case Management Conference Complaint for Civil Rights (Over $25,000), Corrected Nunc Pro Tunc Certificate of Counsel, Cases involving other civil rights and constitutional questions not classified elsewhere, 440, 444, 1440, 1444, 2440, 2444, 3440, 3444, 4440, 4444, 5950, FRYE vs CENTURY GOLF PARTNERS HOLDINGS III, LP, Type: Case Management Conference; Location/Courtroom: Department PS1, Type: Nunc Pro Tunc Hearing; Location/Courtroom: Department PS1; Disposition: Completed, Status: Generated; Description: Minute Order: Nunc Pro Tunc Hearing, Status: Filed; Description: Corrected Nunc Pro Tunc Certificate of Counsel, CASE LEDGER; Fee/Fine Description: Unlimited complaint or other first paper in unlimited civil case amount over $25,000 including UD over $25K, petition for writ of review, mandate, or prohibition; petition for a decree of change of name or gender (GC70611); Amount: $450.00; Paid: $450.00; Balance: $0.00; Payment Details; Payment Date: 09/08/2021; Fine Description: EFiling Payment Receipt No. By clicking on this tab, you are expressly stating that you were one of the attorneys appearing in this matter. by Anthony Metzger (Attachments: # 1 Executed Consent Form) (Witenko, Jessica) (Entered: 06/16/2014), Summons Issued as to CGPM/WMC Operating, LLC, Century Golf Partners Management, LP, James Hinckley, Lisa Taylor. No one has written a summary of this case yet. Case Details Parties Documents Dockets Case Details Case Number: *******4574 {{start_at_rate}} {{format_dollars}} {{start_price}} {{format_cents}} {{term}}, {{promotional_format_dollars}}{{promotional_price}}{{promotional_format_cents}} {{term}}, City mourns Buffalo firefighter Jason Arno as investigation into fatal fire launches, Buffalo firefighter makes 'ultimate sacrifice' in blaze that may have sparked backdraft, Paula's Donuts to move Clarence store that faced backlash for tax breaks to Amherst, Vandal damages 'brokenhearted' Russell Salvatore's tribute park in Lancaster, Chad Hall's departure from Buffalo Bills to Jaguars remains a bit of a mystery. Kneeland, 806 F.2d at 1289 & n.2. As part of the alliance, Ken May joins the team as . that could not be equally asserted by the [existing plaintiffs.] . I took a free trial but didn't get a verification email. So what does Sabres GM Kevyn Adams do this week? . New Orleans Pub. DE. All Rights Reserved. It's a project widely viewed as a litmus test for the strength of the residential market in Century City, a neighborhood better known for law firm offices than luxury towers. The safety, health and well-being of Employees are of major importance to Century Golf Partners. Prod. This case was filed in Riverside County Superior Courts, Palm Springs Courthouse located in Riverside, California. Silver Line Bldg. Zippia gives an in-depth look into the details of Century Golf Partners, including salaries, political affiliations, employee data, and more, in order to inform job seekers about Century Golf Partners. In D'Amato and Altier, the courts refused to allow intervention on the bases that granting it would prejudice the existing parties by jeopardizing or derailing settlement negotiations. and St. of La., 493 F.3d 570, 578-79 (5 Cir. Our company is committed to providing a safe workplace for all Employees. By continuing to use this website, you agree to UniCourts General Disclaimer, Terms of Service, View this case via City and County of San Francisco, California. Notice Sent By Court. Century Golf Partners manages, leases and acquires private clubs, golf courses and resorts. Working At Century Golf Partners: Employee Reviews and Culture Fed. Use our proprietary AI tool CaseIQ to find other relevant judgments with just one click. Declaration Of Richard J. Baskin In Response To Order To Show Cause; (transaction Id # 57442699) Filed By Plaintiff Massari, Giulia, Summons On Complaint (transaction Id # 57379193), Proof Of Service Only, Filed By Plaintiff Massari, Giulia Served Jun-09-2015, Personal Service On Defendant Century Golf Partners Management, Lp. After considering the argument and authorities in the foregoing, the Court DENIES the motion. Public Records Policy. Rosenfeld's Woodridge Capital Partners is currently developing the two-tower, 268-unit Century Plaza condo development on Avenue of the Stars. CIV.A. 13% of Century Golf Partners employees are Black or African American. Movant Metzger, brought a class and collective action on behalf of himself and similarly situated banquet service workers at the Harbor Links facility in Metzger v. Century Golf Partners Management, L.P., d/b/a Arnold Palmer Golf Management, et al., No. Represented by Law Offices Of Richard L. Baskin. "In the absence of compelling circumstances, the court initially seized of a controversy should be the one to decide whether it will try the case." 2d 439 (2013) and Newberg on Class Actions 9:34 (5 ed.). LEXIS 835, at * 18 (E.D. Flite Golf, LLC ("Flite") and Century Golf Partners ("Century Golf") today announced a strategic partnership to provide turnkey technology and management solutions to golf ranges and golf entertainment venues, building on the mainstream appeal of "off-course" golf experiences. Notice Sent By Court. All rights reserved. | Contact Us | Privacy Policy | Terms of Use. 30, 1989). Haspel & Davis Milling & Planting Co. Ltd. v. Bd. The trucking company will close its New Penn and Holland regional carrier locations, on Transit Road next to the Thruway exchange, on May 28, , Dr. Paul J. Mason and Buffalo Bone and Joint PLLC, of which Mason is the managing member, filed a lawsuit recently in Erie County Court agains. The proposed global settlement before the Court is intended to include the claims brought in the pending, stayed Law action (in which extensive discovery and mediation have occurred) on behalf of, among others, Harbor Links workers. In Dept 610, Case Management Conference 2005). Case Management Conference Of Mar-11-2015 Continued To May-13-2015 At 10:30 Am In Department 610. Off Calendar Jun-13-2014 Continued To Sep-03-14 At 10:30 A.m. 2023, Portfolio Media, Inc. | About | Contact Us | Legal Jobs | Advertise with Law360 | Careers at Law360 | Terms | Privacy Policy | Cookie Settings | Help | Site Map. Plaintiffs and Defendant argue that Metzger "stands the first-to-file rule on its head" because the Law action, which was filed nearly one year before the Metzger case, was actually the first to be filed on behalf of the proposed class, and the extensive paper discovery and mediation had in Law support, and will be included in, the global settlement reached in this action. After extensive research and analysis, Zippia's data science team found that: 48% of Century Golf Partners employees are women, while 52% are men. You have permission to edit this article. Finally, one place to get all the court documents we need. by ; 2022 June 3; barbara "brigid" meier; 0 . Now available on your iOS or Android device. The Arnold Palmer "Signature" and "Umbrella" Logos are registered trademarks owned by Arnold Palmer Enterprises, Inc. and used under license by Century Golf Partners. Creating a unique profile web page containing interviews, posts, articles, as well as the cases you have appeared in, greatly enhances your digital presence on search engines such Google and Bing, resulting in increased client interest. Jan. 18, 2012); Doe v. Cin-Lan, Inc., No. The first-to-file rule is, however, "a discretionary doctrine," Cadle, 174 F.3d at 603 and "[n]ecessarily an ample degree of discretion, appropriate for disciplined and experienced judges, must be left to the lower courts." Attachment 1: Civil Cover Sheet with Attachment, Attachment 3: Exhibit A - Executed Consent Form of Named Plaintiff, Last Updated August 25, 2016 at 6:42 AM EDT (6.5 years ago), CONSENT to become party in a collective action. Continuous enhancements of club amenities and infrastructure is vital to retaining and attracting new members, the lifeblood of the club's future. Corp., 12 F. Supp. Get up-to-the-minute news sent straight to your device. If you do not agree with these terms, then do not use our website and/or services. The Court has already identified the reasons why intervention is not necessary for Metzger either to be able to participate in the underlying action, or to proceed with his independent case by opting out of any settlement. The case status is Pending - Other Pending. Metzger states he only learned of this action when he received a copy of the plaintiff's request for a stay in the Law class action, into which he had been seeking intervention. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. Century Golf Partners may also be known as or be related to Century Golf, Century Golf Partners and Century Golf Partners Management LP. Jim Hinckley, In many cases, these payments restrict long-term reinvestment into the club. st charles high school famous alumni; why is the priest in the exorcist greek; payal sud therapist; century golf partners lawsuit. CGC 14 537091 Superior Court Judge Cynthia M. Lee, presiding. All Rights Reserved. The team's senior management has worked together for over . Call us Today!!! The Court is aware that "[i]t remains important to distinguish 'any prejudice that would result by virtue of intervention' (Stallworth, 558 F.2d at 265) from prejudice that results from delay in seeking intervention." The Motion to Intervene and Dismiss or Transfer is hereby DENIED. "[Its] concern manifestly is to avoid the waste of duplication, to avoid rulings which may trench upon the authority of sister courts, and to avoid piecemeal resolution of issues that call for a uniform result." Corporate doesn't fully understand or care about the reality of what is truly going on. Century Golf Partners Management, LP et al, Court Case No. at 179, citing Kerotest, 342 U.S. at 183, 72 S. Ct. at 221. These arguments go to the adequacy of the Consolidated Plaintiffs eventually to be certified as a class on behalf of claimants who worked at Harbor Links. 1989)(venue transfers may be made by court sua sponte). Zippia's Best Places to Work lists provide unbiased, data-based evaluations of companies. Century Golf Partners - Crunchbase Company Profile & Funding LEXIS 835, at * 11-13. P. 23(a)(4). Century Golf Partners is a private company. Found Izzio v. Century Partners Golf Mgmt., L.P. useful? The Court is aware that it must exercise extra scrutiny in approving precertification settlements in order to meet concerns regarding the possibility of collusion, see Weinberger v. Kendrick, 698 F.2d 61, 73 (2d Cir. 1982) and that it should be "particularly vigilant not only for explicit collusion, but also for more subtle signs that class counsel have allowed pursuit of their own self-interests and that of certain class members to infect the negotiations." Inasmuch as he has not been granted leave to intervene, any such venue transfer would necessarily fall under the Court's sua sponte exercise of its discretionary power. June 19, 2015)(intervention of right not available to those whose only interest in the action is to prevent [it] from going forward); Worthington v. Bayer Healthcare LLC, No. . Am. 3. See Altier, 2012 U.S. Dist. Texas-based Century Golf Partners, which does business as Arnold Palmer Golf Management, operates the Fox Valley Club in Lancaster, the Brierwood Country Club in Hamburg and the Tan Tara Golf Club in North Tonawanda. See Viet Bui v. Sprint Corp., No. navien class action lawsuit; minister of child and family services canada; glendale, az police activity today; archer lodge middle school calendar. Moreover, the Court can permit absent class members to appear through an attorney without going the full length of becoming a party through intervention. These factors, however, "are not a formula for determining timeliness; instead, [timeliness] should be determined based on all the circumstances." N. Penn Towns, LP. v. Concert Golf Partners, LLC - Casetext 2001); Altier v. Worley Catastrophe Response, LLC, No. The Court finds Metzger's reliance on this case inapt to support his argument that he must be granted leave to intervene and dismiss or transfer because his interests will be impaired or impeded without such relief where he will have the opportunity to object to any settlement or opt out of its preclusive effect. He can object to the settlement in either of two ways, and he will not be precluded from pursuing his individual cause of action if he chooses to opt out of the global settlement, as discussed infra. 14-CV-3747 (E.D.N.Y. . No one has written a summary of this case yet. Typically, club operations do not generate sufficient surpluses to fund the repayment of debt (not to mention pay for ongoing capital expenditures). Indeed, the Court will have to conduct a fairness hearing and investigate thoroughly the Consolidated Plaintiffs' ability to represent the class to which Metzger claims he belongs before the class can be certified. We are all-cash investors because we believe great clubs benefit from the stability and certainty that comes with long-term, debt-free ownership. By working together as a TEAM we can keep each other safe and healthy. The Plaintiffs and the Defendant contest Metzger's right to intervene, arguing that his motion is untimely and would prejudice the parties, that he lacks a direct and substantial interest in this action, that disposition of the underlying case will only impact Metzger's claims if he elects to be part of the action, and that the existing parties more than adequately represent Metzger's interests. Interact directly with CaseMine users looking for advocates in your area of specialization. Off Calendar Feb-23-2015 Continued To May-13-15 At 10:30 A.m. IZZIO v. CENTURY PARTNERS GOLF MANAGEMENT, L.P. The Judge overseeing this case is JAN E. DUBOIS. Case Details Parties Documents Dockets. We are a boutique owner-operator of upscale private golf & country clubs nationwide. 1969). Standard Fire, ___ U.S. at ___, 133 S. Ct. at 1349. C-84-8069 THE, 1989 U.S. Dist. Century Golf Partners operates as an investment company. Metzger now seeks to intervene, either as a matter of right under Federal Rule of Civil Procedure (FRCP) 24(a) or permissively under FRCP 24 (b), for the sole purpose of having a portion of the underlying case dismissed, or transferred to his stayed action. Century Golf Partners competitors include CHICKASAW COUNTRY CLUB, Graves Hospitality, Cfa Enterprises, Castle Management, Inc., Tahoe Mountain Resorts, Edison Properties, All-Stor, Bonita Bay Group, The Cordish Companies, Trigild, Redac, Inc, Property Management Consultants Limited, IRG Realty Advisors. Off Calendar Apr-28-2015 Set For Order To Show Cause On Jul-14-15 At 10:30 A.m. As the underlying action includes a class action component, the Court will be required to ensure that absent class members' interests are adequately represented. The employee data is based on information from people who have self-reported their past or current employments at Century Golf Partners. Failure to satisfy any one of these elements "precludes the applicant's right to intervene." In the legal profession, information is the key to success. Century Golf Partners is comprised of the most experienced golf and club management teams in the world. 2d 628 (1985)(Due Process Clause requires that named plaintiffs at all times adequately represent interests of absent class members); see also Newberg on Class Actions 9.30 (5 ed.). Enhance your digital presence and reach by creating a Casemine profile. 11-2793 ES, 2011 WL 6303999, at *6 (D.N.J. Notice Sent By Court. Demand For Jury (transaction Id # 15187081) Filed By Defendant Century Golf Partners Management, Lp, Answer To Complaint (transaction Id # 15187081) Filed By Defendant Century Golf Partners Management, Lp. UniCourt uses cookies to improve your online experience, for more information please see our Privacy Policy. (Attachments: # 1 Civil Cover Sheet with Attachment, # 2 Proposed Summons, # 3 Exhibit A - Executed Consent Form of Named Plaintiff) (Witenko, Jessica) (Entered: 06/13/2014). See Phillips Petroleum v. Shutts, 472 U.S. 797, 812, 105 S. Ct. 2965, 86 L. Ed. Of Levee Comm'rs of the Orleans Levee Dis. "There are aspects of Rule 24's language . You have to know whats happening with clients, competitors, practice areas, and industries. ; Filed By: STEVE FRYE, DocketStatus: Filed; Description: Complaint for Civil Rights (Over $25,000); Filed By: STEVE FRYE, DocketFilings: Complaint for Civil Rights (Over $25,000) of STEVE FRYE, U.S. District Courts | Intellectual Property | Save 25% on a pre-paid one year subscription. Giulia Massari v. Century Golf Partners Management, Lp Et Al Do NOT return or file the consent unless all parties have signed the consent. Smith v. Bayer Corp., ___ U.S. ___, 131 S. Ct. 2368, 2372 (2011). 1977). Those factors are: "(1) the length of time during which the intervenor knew or reasonably should have known of his interest in the litigation before [moving] to intervene; (2) the extent of the prejudice that the existing parties to the litigation may suffer as a result of the would-be intervenor's failure to apply for intervention as soon as he actually knew or reasonably should have known of his interest in the case; (3) the extent of the prejudice that the would-be intervenor may suffer if his [motion] is denied; and (4) the existence of unusual circumstances militating either for or against a determination that the [motion] is timely." Long Beach Community College adjuncts sue over unpaid work hours Bush v. Viterna, 740 F.2d 350, 358 (5 Cir. Century Golf Partners - Company Profile and News Before confirming, please ensure that you have thoroughly read and verified the judgment. See also In re: Lease Oil, 570 F.3d at 248. inquiry' into the third timeliness factor." LEXIS 6391, at * 39-40, citing Schwartz v. Town of Huntington, 191 F.R.D. (Valle, Christine) (Entered: 06/16/2014), In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. 08/30/2021: Complaint for Civil Rights (Over $25,000), 09/08/2021: Notice of Case Management Conference Complaint for Civil Rights (Over $25,000), 09/08/2021: Notice of Department Assignment, 09/15/2021: Minute Order: Nunc Pro Tunc Hearing, 09/15/2021: Corrected Nunc Pro Tunc Certificate of Counsel, HearingType: Case Management Conference; Location/Courtroom: Department PS1, HearingType: Nunc Pro Tunc Hearing; Location/Courtroom: Department PS1; Disposition: Completed, DocketStatus: Generated; Description: Minute Order: Nunc Pro Tunc Hearing, DocketStatus: Filed; Description: Corrected Nunc Pro Tunc Certificate of Counsel, FinancialCASE LEDGER; Fee/Fine Description: Unlimited complaint or other first paper in unlimited civil case amount over $25,000 including UD over $25K, petition for writ of review, mandate, or prohibition; petition for a decree of change of name or gender (GC70611); Amount: $450.00; Paid: $450.00; Balance: $0.00; Payment Details; Payment Date: 09/08/2021; Fine Description: EFiling Payment Receipt No. 3:15-CV-0861-P. View Case; Cited Cases; JILLIAN IZZIO and HEATHER ZOELLER, on behalf of themselves and others similarly situated, and KARA ASHBY, on behalf of herself and others similarly situated, Plaintiffs, v. . Addison, Texas, United States 10001+ Private centurygolf.com/ 278,535 Highlights Contacts 52 Employee Profiles 1 Recent News & Activity News Feb 10, 2020 The current procedural status of these competing collective and class actions is as follows: the Consolidated Plaintiffs and the Defendant in this action have presented the Court with a Joint Motion for Preliminary Approval of Settlement of Collective and Class Action, which purports not only to settle the claims brought in the underlying proceeding but also those brought in a stayed, pending action in New York state court (Law v. CGPM/WMC Operating, LLC dba Arnold Palmer Golf Management, No. Staff Accountant (Former Employee) - Dallas, TX - April 8, 2021 Generally, [the proposed intervenor] would need to demonstrate that [he] has a legal interest that not only differs from [the existing plaintiff's] interest, but would permit [the proposed intervenor] to assert a justification . R. Civ. Concert Golf Partners offered long-term, debt-free ownership Country Club management services to more than 600 private clubs worldwide. 11-241, 2012 U.S. Dist. . Inasmuch as he does not seek to participate substantively in this proceeding, and that the Court is not persuaded that granting the relief requested will not prejudice the various parties in this consolidated action, and given that all the related cases, including Metzger's individual suit in federal court in New York, have been stayed pending this Court's resolution of the global class action settlement, the Court finds these to be unusual circumstances militating against a finding that the motion to intervene as requested is warranted as a matter of right. Operator of local golf clubs sued over collection of tips. The stake is worth $2.5 billion, as reported by Co-Star's news site and this specific kind of auction makes it possible for Next Century Partners to avoid a court appearance. Century Golf Partners | Partner Safety Program LEXIS 6391, at 32-33(E.D. Third, Metzger's arguments regarding the existence of a potential reverse auction settlement lend themselves to considerations by the Court in its future approval of the settlement and class certification inquiry, rather than to a determination now that the mere existence of such a potential requires dismissal of one class or subclass. However, consistent with the holdings in Altier and Doe, it questions whether Metzger's interest is impaired or impeded to the extent required to grant intervention as a matter of right. Case Management Conference Of Sep-03-2014 Continued To Nov-05-2014 At 10:30 Am In Department 610. By working together as a "TEAM" we can keep each other safe and healthy. The Court may deny such intervention where it would "unduly delay or prejudice the adjudication of the rights of the original parties." As a part of their job, they are required to monitor the workplace for hazardous conditions and procedures as they are observed. Cancellation and Refund Policy, Privacy Policy, and Co. v. C-O-Two Fire Equip. Must-read local business coverage that exposes the trends, connects the dots and contextualizes the impact to Buffalo's economy. We calculated the diversity score of companies by measuring multiple factors, including the ethnic background, gender identity, and language skills of their workforce. . Cons. LEXIS 6391 at *33 (citing Lelsz, 710 F.2d at 1046). We blend the art and science of hospitality with proven business fundamentals to create unique, innovative and effective solutions for the clubs, courses and resorts we serve. 0:22-CV-62324 | 2022-12-12, U.S. District Courts | Intellectual Property | Get 2 points on providing a valid reason for the above See Mills v. Beech Aircraft Corp., 886 F.2d 758, 761 (5 Cir. Metzger alleges that he has been kept out of secret settlement discussions because the parties, through their counsel, have colluded "in order to undercut the Harbor Links class." FRYE vs CENTURY GOLF PARTNERS HOLDINGS III, LP Case Management Conference Of Nov-05-2014 Continued To Jan-07-2015 At 10:30 Am In Department 610. 2:14-CV-02461-TLN-AC, 2015 WL 3828424, at *2 (E.D. Case Management Conference Set For Sep-23-2015 At 10:30 Am In Department 610 For The Submission Of Case Management Statements. Stallworth, 558 F.2d at 264-66. There have been no class certifications yet in any of the actions. Litig., 654 F.3d 935, 947 (9 Cir. Century Golf Partners will provide ongoing, up-to-date training in order to educate their Employees on the safest way to perform their job. See D'Amato, 236 F.3d at 84; Altier, 2012 U.S. Dist. STEVENS v. CONCERT GOLF PARTNERS et al - UniCourt If you are experiencing difficulties logging in or are a subscriber getting a paywall, please try one or more of the following steps. Jury awards over $460 million to 2 ex-Edison employees in lawsuit over sexual harassment and retaliation. Specifically, Metzger wishes to carve out the Harbor Links plaintiffs and their claims so that he can represent that portion of the class in his proceeding. Finally, Metzger is free to opt out of the settlement entirely and pursue his independent action in New York.

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