Ozawa v. Orsini Design Associates, Inc. et al
| Noriko Ozawa |
| Orsini Design Associates, Inc. and Susan F. Orsini |
| 1:2013cv01282 |
| February 26, 2013 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Nassau |
| J. Paul Oetken |
| Labor: Fair Standards |
| 29 U.S.C. ยง 201 Denial of Overtime Compensation |
| Both |
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Filing
122
OPINION AND ORDER re: 91 MOTION for Summary Judgment by Defendants, filed by Orsini Design Associates, Inc., Susan F. Orsini, 109 MOTION to Strike Document No. 94 , filed by Noriko Ozawa, 97 MOTION for Summary Judgment, filed by Noriko Ozawa. Ozawa's motion for summary judgment is GRANTED IN PART and DENIED IN PART. Specifically, Ozawa's motion is granted to the extent that Ozawa has established as a matter of law that Orsini was her employer pursuant to the FLSA and the NYLL. Ozawa's motion is denied on the issues of (1) whether Ozawa qualifies for the administrative exemption and (2) whether Defendants acted in good faith with regard to their obligations under the wage and hour laws. Ozawa's motio n is also denied as to liability for Ozawa's FLSA and NYLL overtime claims and as to Ozawa's FLSA and NYLL retaliation claims. Defendants' motion for summary judgment is GRANTED IN PART and DENIED IN PART. Specifically, Defendants 9; motion is granted as to Ozawa's FLSA and NYLL retaliation claims, and those claims are dismissed. Defendants' motion for summary judgment is denied as to Ozawa's FLSA and NYLL overtime claims, and also on the issues of (1) whether O zawa qualifies for the administrative exemption and (2) whether Defendants willfully violated the FLSA and NYLL. Defendants' counterclaim for unjust enrichment under state law is dismissed without prejudice for lack of subject matter jurisdictio n. Ozawa's motion to strike is DENIED as moot and without prejudice. As set out in the Court's order dated August 19, 2014 (Dkt. Nos. 101, 105), the parties are directed to file a revised proposed scheduling order for trial within 30 days of this decision. The Clerk of the Court is directed to terminate the motions at docket numbers 91, 97, and 109. (Signed by Judge J. Paul Oetken on 3/11/2015) (kko)
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