Henry v. Concord Limousine, Inc., et al
Gerard Henry |
Irina Gavrilov, Alex Gavrilov, Concord Limousine I, LLC and Concord Limousine, Inc., |
2:2013cv00494 |
January 28, 2013 |
US District Court for the Eastern District of New York |
Central Islip Office |
Joanna Seybert |
William D. Wall |
Labor: Fair Standards |
29 U.S.C. ยง 201 Denial of Overtime Compensation |
Plaintiff |
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Filing 21 MEMORANDUM & ORDER denying 11 Motion to Dismiss; granting in part and denying in part 19 Motion to Amend/Correct/Supplement. For the foregoing reasons, Defendants' motion for leave to amend their Answer and Counterclaim is GRANTED IN PART and DENIED IN PART, Plaintiff's motion to dismiss Defendants' Disgorgement Counterclaim is DENIED, and Plaintiff's request to strike paragraph 10 of the Disgorgement Counterclaim is DENIED AS MOOT. Defendants' motion for leave to amend is GRANTED insofar as it amplifies the factual allegations supporting the Disgorgement Counterclaim, deletes paragraph 10 of the Disgorgement Counterclaim, and adds the proposed Second, Sixth, and Seventh Affirmative Defenses. Defendants' ; motion for leave to amend is DENIED insofar as it seeks to add the proposed Second and Third Counterclaims and the proposed Fourth and Fifth Affirmative Defenses. The Clerk of the Court is directed to docket the proposed Amended Answer and Counterc laim as the operative Answer and Counterclaim. However, the Amended Answer and Counterclaim remains operative only to the extent that it is consistent with the Court's rulings explained above. So Ordered by Judge Joanna Seybert on 1/24/2014. C/ECF (Valle, Christine) |
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