Cromwell v. New York City Health and Hospitals Corporation et al
| Jerome Cromwell |
| Metropolitan Hospital Center, Lincoln Medical and Mental Health Center, North Central Bronx Hospital, Coney Island Hospital, Woodhull Medical and Mental Health Center, Queens Hospital Center, Alan D. Aviles, New York City Health and Hospitals Corporation, Bellevue Hospital Center, Kings County Hospital Center, Jacobi Medical Center, Elmhurst Hospital Center and Harlem Hospital Center |
| 1:2012cv04251 |
| May 30, 2012 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Bronx |
| Paul A. Engelmayer |
| Fair Labor Standards Act |
| 29 U.S.C. ยง 201 |
| Plaintiff |
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Filing
54
OPINION & ORDER re: 49 MOTION for Entry of Judgment under Rule 54(b). filed by Jerome Cromwell. For the reasons stated above, the equities advanced by Cromwell do not override the strong policy against piecemeal appeal. Cromwell's Rule 54(b) m otion for a partial final judgment is, therefore, denied. The Clerk of Court is directed to terminate the motion pending at docket number 49. The parties are again directed to submit, by December 16, 2013, a joint proposed Case Management Plan for t he litigation of plaintiff's FLSA claims, under which fact discovery is to be completed no later than February 17, 2013. The parties are, of course, at liberty to jointly propose an earlier date for the conclusion of fact discovery. (Signed by Judge Paul A. Engelmayer on 12/9/2013) (djc) Modified on 12/9/2013 (djc).
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Filing
45
OPINION & ORDER re: 40 MOTION to Dismiss Plaintiff's State Law Claim. filed by Alan D. Aviles, New York City Health and Hospitals Corporation. For the reasons stated in the foregoing, the Court holds that HHC is a political subdivision of New York State for NYLL purposes, and grants HHC's motion to dismiss plaintiffs' NYLL claims with prejudice. The Clerk of Court is directed to terminate the motion pending at docket number 40. Defendants are directed to submit an answe r to the FLSA overtime claims contained in the Second Amended Complaint by October 30, 2013. The parties are directed to meet and confer by November 6, 2013 and to submit, by November 13,2013, a joint proposed Case Management Plan, under which fact discovery is to be completed by four months from today. (Signed by Judge Paul A. Engelmayer on 10/16/2013) (djc)
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Filing
37
OPINION & ORDER: re: 28 MOTION to Dismiss the Amended Complaint. Defendants move to dismiss under Federal Rule of Civil Procedure 12(b)(6). For the reasons that follow, the motion to dismiss Cromwell's FLSA claims is granted. The Court accordi ngly declines to exercise supplemental jurisdiction as to Cromwell's NYLL claims. For the foregoing reasons, defendants' motion to dismiss Cromwell's claims brought under the FLSA is granted, and the Court declines to exercise supplem ental jurisdiction over Cromwell's NYLL claims. The Clerk of Court is directed to terminate the motion pending at docket number 28. Cromwell's Amended Complaint is dismissed without prejudice, with leave to amend his complaint to meet the pleading standards articulated in Lundy. In his Second Amended Complaint, Cromwell is permitted to renew his NYLL claims. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 5/15/2013) (rsh)
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