Munoz-Gonzalez v. D.L.C. Limousine Service, Inc. et al
| Alejandro Munoz-Gonzalez, Danual Martin and Thomas Acheampong |
| D.L.C. Limousine Service, Inc., Chris Thornton, Melissa Thornton and John D'Agostino |
| 1:2015cv09368 |
| November 30, 2015 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| J. Paul Oetken |
| Fair Labor Standards Act |
| 29 U.S.C. ยง 201 |
| Plaintiff |
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Filing
80
OPINION AND ORDER re: 58 MOTION for Partial Summary Judgment on the Inapplicability of the Taxicab Exemption filed by Alejandro Munoz-Gonzalez, 52 FIRST MOTION for Summary Judgment filed by Chris Thornton, D.L.C. Limou sine Service, Inc., Melissa Thornton, John D'Agostino: Plaintiff brings this action on behalf of himself and all similarly situated drivers who worked for Defendants D.L.C. Limousine Service, Inc. ("DLC Limousine"), Chris Thornton, M elissa Thornton, and John D'Agostino (collectively, "Defendants"). Plaintiff alleges that Defendants failed to properly compensate him, and other drivers, for their work in accordance with provisions of the Fair Labor Standards Act (&q uot;FLSA"), 29 U.S.C. § 201 et seq., New York Labor Law ("NYLL"), Art. 19 § 650 et seq., and the New York Codes, Rules and Regulations ("NYCRR") tit. 12, § 1421.2. Currently pending before this Court are cross- motions for summary judgment that focus on whether DLC Limousine is exempt from the requirements of the FLSA pursuant to the "taxicab exemption." (Dkt. No. 52; Dkt. No. 58.) For the foregoing reasons, DLC Limousine's motion for summary judgment is GRANTED IN PART, as to the application of the taxicab exemption, and DENIED IN PART, as to timeliness and liquidated damages relating to Plaintiff's minimum wage claims under FLSA. Plaintiff's motion for summary judgment on the inapplicability of the taxicab exemption is DENIED. The parties are directed to file a status update with the Court proposing trial dates and a schedule for pretrial filings within 21 days of this Opinion and Order. The Clerk of Court is directed to close the motions at Docket Numbers 52 and 58. (Signed by Judge J. Paul Oetken on 7/12/2017) (jwh) Modified on 7/12/2017 (jwh).
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