Gill et al v. ACACIA Network et al
| Adonica Gill and Roslyn Hunter |
| ACACIA Network, South Bronx Mental Health Council, Inc., Humberto L. Martinez, Vicky Gatell, Samuel Lopez, John Langrod, Efren M. Alba, Richard Izquierdo, Luz Haydee Rivera-Myrick, Robert Rowe, Norland Berk, Joseph Straci, NYC Office of Mental Health and New York State Office of Alcoholism adn Substance Abuse Services |
| 7:2013cv09088 |
| December 23, 2013 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Thomas P. Griesa |
| Fair Labor Standards Act |
| 29 U.S.C. ยง 201 |
| Plaintiff |
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Filing
71
OPINION: More than sixty days have elapsed from the date of the March 18, 2015 opinion, and plaintiffs have not filed an amended complaint. As such, all claims that were previously dismissed without prejudice-the federal and state COBRA claims, the ERISA claims, the FLSA claims, and the New York State labor law claims-are now dismissed with prejudice. Thus, the sole remaining claims in this action are the federal and state WARN act claims asserted against defendant ACACIA. The court will schedule a conference with the parties in August 2015. SO ORDERED. (Signed by Judge Thomas P. Griesa on 5/27/2015) (kl)
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Filing
70
OPINION: For the reasons set forth above, the motion to dismiss brought by individual defendants (Dkt. No. 36) is granted. For similar reasons, individual defendant Berk's motion for judgment on the pleadings (Dkt. No. 42) is also granted. ACA CIA's motion to dismiss (Dkt. No. 58) is granted with respect to plaintiffs' COBRA, ERISA, and FLSA claims. ACACIA's motion to dismiss is denied with respect to the federal and state WARN Act claims. The motion to consolidate is den ied as moot. Given the pro se status of plaintiffs, certain claims are dismissed without prejudice. Because the federal and state WARN Act claims against the individual defendants and the NLRA claim against all defendants would fail as a matter of law even if additional facts were pled by plaintiffs, they are dismissed with prejudice. The remaining claims against all defendants are dismissed without prejudice. If plaintiffs seek to revive any claims that have now been dismissed without pre judice, they must file an amended complaint within 60 days of the date of this opinion. The Clerk of the Court is directed to terminate the motions listed as items 36, 42, and 58 on the docket. (Signed by Judge Thomas P. Griesa on 3/18/2015) (kl)
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