Brown v. New York City Department of Education

Justia Dockets & Filings Second Circuit New York Southern District Brown v. New York City Department of Education

Brown v. New York City Department of Education

Plaintiff:	Jayquan Brown
Defendant:	New York City Department of Education
Case Number:	1:2012cv00035
Filed:	January 4, 2012
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	Bronx
Presiding Judge:	Paul A. Crotty
Nature of Suit:	Fair Labor Standards Act
Cause of Action:	29 U.S.C. § 201
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
December 12, 2012	Filing 42 OPINION AND ORDER: The Court finds that Plaintiff is a volunteer, not an employee, as defined by the FLSA. Accordingly, it grants Defendant's summary judgment motion on Plaintiffs FLSA claim, denies Plaintiffs request for declaratory relief purs uant to 28 U.S.C. § § 2201-02, and damages under 29 U.S.C. § § 206(a), 207(a), and does not reach the question of a willful violation under 29 U.S.C. §216(b). In view or the Court's dismissal of Plaintiffs FLSA claim, the Court declines to assert pendent jurisdiction over the New York Labor Law claim pursuant to N.Y. Lab. L. §§ 652 et seq. Those allegations may be presented to a New York State Supreme Court. The Court GRANTS Defendant's motion for summary judgment. The Clerk of Court is directed to enter judgment accordingly. (Signed by Judge Paul A. Crotty on 12/12/2012) (js)

Date Filed

Document Text

December 12, 2012

Filing 42 OPINION AND ORDER: The Court finds that Plaintiff is a volunteer, not an employee, as defined by the FLSA. Accordingly, it grants Defendant's summary judgment motion on Plaintiffs FLSA claim, denies Plaintiffs request for declaratory relief purs uant to 28 U.S.C. § § 2201-02, and damages under 29 U.S.C. § § 206(a), 207(a), and does not reach the question of a willful violation under 29 U.S.C. §216(b). In view or the Court's dismissal of Plaintiffs FLSA claim, the Court declines to assert pendent jurisdiction over the New York Labor Law claim pursuant to N.Y. Lab. L. §§ 652 et seq. Those allegations may be presented to a New York State Supreme Court. The Court GRANTS Defendant's motion for summary judgment. The Clerk of Court is directed to enter judgment accordingly. (Signed by Judge Paul A. Crotty on 12/12/2012) (js)

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Plaintiff: Jayquan Brown
Represented By:	Chinyere Y Okoronkwo
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Defendant: New York City Department of Education
Represented By:	Benjamin Welikson
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