Saleem et al v. Corporate Transportation Group, Ltd. et al
| Anjum Ali, Mazhar Saleem and Jagjit Singh |
| Corporate Transportation Group, Ltd., Corporate Transportation Group International, Corporate Transportation Group Worldwide, Inc., NYC 2 Way International, Ltd., Allstate Private Car & Limousine, Inc., Aristacar & Limousine, Ltd., TWR Car and Limo, Ltd., Excelsior Car and Limo, Inc., Hybrid Limo Express, Inc., Eduard Slinin and Galina Slinin |
| 1:2012cv08450 |
| November 19, 2012 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Bronx |
| Jesse M. Furman |
| Labor: Fair Standards |
| 29 U.S.C. ยง 201 Fair Labor Standards Act |
| Plaintiff |
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Filing
542
OPINION AND ORDER re: 536 MOTION to Alter Judgment re: 535 Clerk's Judgment, filed by Jagjit Singh, Mazhar Saleem: For the foregoing reasons, Plaintiffs' motion is GRANTED and the Court's judgment of September 24, 2014 (Docket No. 535), is amended to clarify that it does not apply to the NYLL claims (if any) of Opt-In Plaintiffs that is, to the NYLL claims of anyone other than the named Plaintiffs in this lawsuit. The Clerk of Court is directed to terminate Docket No. 536. (Signed by Judge Jesse M. Furman on 12/8/2014) (tn)
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Filing
532
OPINION AND ORDER re: 464 MOTION for Summary Judgment Dismissing Plaintiffs' FLSA and NYLL claims (ii) to Decertify the Collective Action Pursuant to Section 216(b) of the FLSA; (iii) to Strike Plaintiffs Jose Pinto, Ismael Majia, John M. Hidalgo, and Nick Wijesinghe filed by Corporate Transportation Group Worldwide, Inc., Corporate Transportation Group International, Corporate Transportation Group, Ltd., 480 MOTION for Partial Summary Judgment filed by Jagjit Singh, Mazhar Saleem: For the reasons discussed above, Defendants' motion for summary judgment is granted, Plaintiffs' motion for partial summary judgment is denied, and the case is dismissed. Defendants' requests to de-certify t he FLSA collective, hold that the named Plaintiffs are independent contractors, strike certain opt-in Plaintiffs, and dismiss the claims against three of the Defendants are all denied as moot. So too is Plaintiffs' request to declare Eduar d Slinin individually liable under the FLSA, as Plaintiffs are not protected by the statute at all. Finally, in rendering this Opinion and Order, the Court has relied on certain documents that Plaintiffs did not file on ECF, but rather sent direct ly to Chambers on a compact disc. In particular, the Court has relied on Exhibits A, C, D, E, EE, HH, and KK to the First Scimone Declaration (Docket No. 491), and Exhibits III, KKK, MMM, NNN, OOO, PPP, QQQ, RRR, SSS, TTT, XXX, EEEE, and HHHH to the Second Scimone Declaration (Docket No. 492). As those documents are "relevant to the performance of the judicial function and useful in the judicial process," they qualify as "judicial documents" to which the common l aw right of public access attaches. Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 119 (2d Cir. 2006) (internal quotation marks omitted). Accordingly, within one week of the date of this Opinion and Order, Plaintiffs shall file those docume nts on ECF unless they believe that any of the documents should be filed under seal or in redacted form, in which case they shall file a memorandum of law by the same date, not to exceed ten pages, explaining why the relevant document or documents should be so filed. If Plaintiffs do file such a memorandum, any reply from Defendants, also not to exceed ten pages, shall be filed within one week thereafter. The Court has also relied on sealed Exhibits 41-53 to the Declaration of Margaret Th ering (Docket No. 477), but those documents are Plaintiffs' tax returns, which contain sensitive financial information. Accordingly, Defendants are not required to file those documents electronically. Within one week of the date of this Opini on and Order, however, Defendants shall file those documents under seal with the Clerk of the Court. The Clerk of Court is directed to terminate Docket Nos. 464 and 480 and to close the case. (Signed by Judge Jesse M. Furman on 9/16/2014) (tn)
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Filing
445
MEMORANDUM OPINION AND ORDER re: 402 MOTION to Strike Untimely Plaintiffs. filed by Aristacar & Limousine, Ltd., Eduard Slinin, Corporate Transportation Group Worldwide, Inc., Corporate Transportation Group International, Galina Slinin, Hybr id Limo Express, Inc., NYC 2 Way International, Ltd., TWR Car and Limo, Ltd., Excelsior Car and Limo, Inc., Corporate Transportation Group, Ltd., 413 MOTION to Compel Non-Responsive Plaintiffs to Verification And to Appear For Depositions. MOTION to Dismiss For Non-Compliance. filed by Aristacar & Limousine, Ltd., Eduard Slinin, Corporate Transportation Group Worldwide, Inc., Corporate Transportation Group International, Allstate Private Car & Limousine, Inc., Galina Slinin, Hybrid Lim o Express, Inc., TWR Car and Limo, Ltd., NYC 2 Way International, Ltd., Excelsior Car and Limo, Inc., Corporate Transportation Group, Ltd. In summary, Defendants' motion to strike is GRANTED with respect to opt-in Plaintiffs Buo Xuan Guo, Ahmed Aljahmi, Lawrence Calliste, American Car Limo Tours, King Wah Yiu, Jing Wang, and Wazir Mughal. Defendants' motion to strike is DENIED with respect to opt-in Plaintiffs Mena Michael, Anjum Ali, Donovan James, Ibrahim Onbasi, Suleyman Issi, Ijaz Mahboob, Bayran Onbasi, Gurmail Singh, Jose Pinto, Mohamed Abdelaal, Jeetu Multani, Ramadan S. Kenawi, Asand Fara, Mohammad Shamsoddoha, Azid Riaz, Etienne Tchitchui, and Diogenes Pion. Defendants' motion to compel or dismiss is DENIED. The Cl erk of Court is directed to dismiss Buo Xuan Guo, Guo Bao Xuam, Ahmed Aljahmi, Lawrence Calliste, American Car Limo Tours, King Wah Yiu, Jing Wang, and Wazir Mughal from the docket and to terminate Docket Nos. 402 and 413. (Signed by Judge Jesse M. Furman on 12/5/2013) (lmb)
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Filing
430
OPINION AND ORDER re: 160 MOTION to Certify Class Pursuant to Fed. R. Civ. P. 23 filed by Jagjit Singh, Mazhar Saleem. For the foregoing reasons, Plaintiffs' motion for class certification is DENIED. Defendants' sealing application is GRANTED as to Exhibits 16, 17, 18, and 19 to the Thering Declaration of September 13, 2013. Per the Court's order of October 17, 2013 (Docket No. 420), any motion for summary judgment by either Plaintiffs or Defendants is due 30 days from th e date of this Opinion and Order. If no motion for summary judgment is filed, the Parties shall submit a Joint Pretrial Order prepared in accordance with the Court's Individual Rules and Practices and Fed. R. Civ. P. 26(a)(3) within 30 days of the date of this Opinion and Order The Clerk of Court is directed to terminate Docket No. 160. (Signed by Judge Jesse M. Furman on 11/15/2013) (lmb)
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