Alamu et al v. The Bronx-Lebanon Hospital Center et al
| Olusola Alamu, Jacqueline Cooper-Davis, Alla Kozinskaia and Owen Holman |
| Sheldon Ortsman, The Bronx-Lebanon Hospital Center, The Bronx-Lebanon Hospital Center-Fulton Division, The Bronx-Lebanon Hospital Center-Concourse Division and Miguel A. Fuentes, Jr. |
| 1:2011cv06366 |
| September 13, 2011 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Bronx |
| Paul A. Crotty |
| Labor: Fair Standards |
| 29 U.S.C. ยง 201 Fair Labor Standards Act |
| Plaintiff |
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Filing
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OPINION AND ORDER re: (9 in 1:11-cv-06657-PAC) FIRST MOTION to Dismiss, filed by Westchester Medical Center, Paul S. Hochenberg, Westchester County Health Care Corporation, Maria Fareri Children's Hospital at Westchester Medical Center, Michael D. Israel, (18 in 1:11-cv-06658-PAC) MOTION to Dismiss the Complaint Pursuant to FED. R. CIV. P. 12(B)(6), filed by New York-Presbyterian HealthCare System, Inc., Herbert Pardes, Wayne Osten, (15 in 1:11-cv-06366-PAC) MOTION to Dismiss, filed by Sheldon Ortsman, The Bronx-Lebanon Hospital Center, Miguel A. Fuentes, Jr., (22 in 1:11-cv-06658-PAC) MOTION to Dismiss the Complaint Pursuant to FED. R. CIV. P 12(b)(1) and (6), filed by The New York and Presbyterian Hospital. CONCLUSION: Plaintiffs' complaints fail for a number of reasons: plaintiffs lack standing to raise FLSA or NYLL claims on behalf of hourly employees; plaintiffs Kozinskaia and Gardocki's FLSA and NYLL overtime claims otherwise fail to state a claim; pl aintiffs Nakahata, Alamu, and Cooper-Davis's FLSA claims are time-barred; plaintiffs' FLSA and NYLL claims for unpaid meal breaks are insufficiently pled; plaintiffs' gap time and overtime NYLL claims for work performed pre- and post-s hift and during trainings are preempted by Section 301 of the LMRA; plaintiffs failed to adequately allege that System, Maria Fareri Children's Hospital at Westchester Medical Center, Westchester Medical Center, Dr. Pardes, Mr. Osten, Mr. Israel , Mr. Hochenberg, Mr. Fuentes, Jr., and Mr. Ortsman qualify as their "employers" under the NYLL or FLSA; and the WCHCC is exempted from NYLL liability as a political subdivision of New York State. Accordingly, defendants' motions to d ismiss are GRANTED. The Clerk of Court is directed to terminate these motions 11 Civ. 6658 Dkt. Nos. 18, 22; 11 Civ. 6657 Dkt. No. 9; 11 Civ. 6366 Dkt. No. 15, enter judgment, and close these cases. SO ORDERED. (Signed by Judge Paul A. Crotty on 9/6/2012) (ja)
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