Musa et al v. Supershuttle International, Inc. et al
Ali Elmardi and Mohamed Musa |
Supershuttle International, Inc., Veolia Transportation Services, Inc., Shuttle Associates, LLC and Supershuttle Franchise Corporation |
1:2012cv02418 |
May 15, 2012 |
US District Court for the Eastern District of New York |
Brooklyn Office |
Dora Lizette Irizarry |
Roanne L. Mann |
Labor: Fair Standards |
29 U.S.C. ยง 206 Collect Unpaid Wages |
Plaintiff |
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Filing 42 ORDER granting in part and denying in part 17 Motion to Dismiss for Failure to State a Claim - For the reasons set forth in the ATTACHED WRITTEN MEMORANDUM AND ORDER, SuperShuttle's motion to dismiss is granted in part and denied in part. Plaintiffs' FLSA claims accruing before May 15, 2009 and Plaintiffs' NYLL claims accruing before May 15, 2006 are dismissed as time-barred. Defendant's Rule 12(b)(7) motion is denied without prejudice to renew after Plaintiffs have a mended the Complaint. Plaintiffs are directed to amend their complaint to clarify the scope of the putative class by October 30, 2013. FAILURE TO COMPLY TIMELY WITH THIS ORDER MAY RESULT IN DISMISSAL OF THIS ACTION. SO ORDERED by Judge Dora Lizette Irizarry on 9/30/13. (Irizarry, Dora) |
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