Martinez v. Apogee Retail LLC, 15-cv-3446 (2016)
Court: District Court, E.D. New York
Number: infdco20160429e42
Visitors: 19
Filed: Apr. 27, 2016
Latest Update: Apr. 27, 2016
Summary: ORDER OF DISMISSAL LEONARD D. WEXLER , District Judge . WHERAS the Defendant filed a Motion for Judgment on the Pleadings on December 15, 2015 ECF No. 24), dismissing the First Cause of Action Pursuant to FRCP 12(c), and dismissing the remaining causes of action based upon the New York Labor Law for lack of jurisdiction, and; WHEREAS the Plaintiffs opposed said motion on December 15 2015 (ECF No. 26); and WHEREAS the Plaintiffs have further indicated by letter to the Court dated March 16,
Summary: ORDER OF DISMISSAL LEONARD D. WEXLER , District Judge . WHERAS the Defendant filed a Motion for Judgment on the Pleadings on December 15, 2015 ECF No. 24), dismissing the First Cause of Action Pursuant to FRCP 12(c), and dismissing the remaining causes of action based upon the New York Labor Law for lack of jurisdiction, and; WHEREAS the Plaintiffs opposed said motion on December 15 2015 (ECF No. 26); and WHEREAS the Plaintiffs have further indicated by letter to the Court dated March 16, ..
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ORDER OF DISMISSAL
LEONARD D. WEXLER, District Judge.
WHERAS the Defendant filed a Motion for Judgment on the Pleadings on December 15, 2015 ECF No. 24), dismissing the First Cause of Action Pursuant to FRCP 12(c), and dismissing the remaining causes of action based upon the New York Labor Law for lack of jurisdiction, and;
WHEREAS the Plaintiffs opposed said motion on December 15 2015 (ECF No. 26); and
WHEREAS the Plaintiffs have further indicated by letter to the Court dated March 16, 2016 that they withdraw their opposition to the Defendant's Motion to dismiss; now
IT IS HEREBY ORDERED that the First Cause of Action asserting overtime violations of the FLSA on behalf of Esdras Rafael Sanchez Soriano be dismissed without prejudice;
ORDERED that the remaining causes of action arising under state law be and are hereby dismissed with prejudice for lack of jurisdiction;
ORDERED that the branch of the Defendant's Motion for Judgement on the Pleadings seeking sanctions pursuant to F.R.C.P. 11 is Denied;
ORDERED that the Clerk of the Court is directed to close this file.
SO ORDERED
Source: Leagle
