Cangelosi v. Gabriel Bros Inc. et al
| Frank Cangelosi |
| Gabriel Bros Inc., Jack Gabriel and Dominick Gabriel |
| 1:2015cv03736 |
| May 14, 2015 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Nassau |
| Jesse M. Furman |
| Fair Labor Standards Act |
| 28 U.S.C. ยง 1441 |
| Defendant |
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Filing
18
MEMORANDUM OPINION AND ORDER re: 11 MOTION to Dismiss Amended Complaint filed by Dominick Gabriel, Gabriel Bros Inc., Jack Gabriel: For the reasons stated above, Defendants' motion to dismiss is GRANTED, and the Ame nded Complaint is dismissed in its entirety. Plaintiff's claims under the FLSA and the NYLL (as well as his withdrawn claim for breach of the covenant of good faith and fair dealing) are dismissed with prejudice. Plaintiff's remaining state-law claims are "dismissed without prejudice and left for resolution to state tribunals." Gibbs, 383 U.S. at 726-27. The Clerk of Court is directed to terminate Docket No. 11 and to close the case. (Signed by Judge Jesse M. Furman on 10/15/2015) (tn)
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