Tilchen v. CEMD Elevator Corp. et al
| Steven Tilchen |
| CEMD Elevator Corp., Kone Inc. and Mitchell Hellman |
| 1:2017cv00051 |
| January 4, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Nassau |
| Paul A. Crotty |
| Labor: Fair Standards |
| 29 U.S.C. ยง 201 Fair Labor Standards Act |
| Plaintiff |
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Filing
141
OPINION & ORDER re: 121 MOTION for Summary Judgment . filed by Carl Alongis, CEMD Elevator Corp., Mitchell Hellman, Stephan Diemer, 116 MOTION for Summary Judgment to Dismiss Tortious Interference Counterclaim. file d by Steven Tilchen. For the following reasons, the Court GRANTS Defendants' motion for summary judgment, Dkt. 121. The motion is GRANTED as to Plaintiffs claims for unlawful wage deductions (claim 1), failure to pay earned commissions (clai m 2), failure to pay overtime (claims 3 and 4), and retaliation (claims 8 and 9). Plaintiff's remaining state law claims and Defendant's state law counterclaim are dismissed without prejudice. The Clerk of the Court is directed close the motions at Dkt. 121 and Dkt. 116 and close the case. SO ORDERED. (Signed by Judge Paul A. Crotty on 9/24/2019) (ks) Transmission to Orders and Judgments Clerk for processing.
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Filing
92
ORDER: Plaintiff's motion (Docket 74 filed on April 18, 2018) for leave to file a Second Amended Complaint, is denied. The motion is untimely; discovery has already concluded. Furthermore, it appears that the proposed additional materials fail to state a claim. It is axiomatic that a contract's validity depends on the alleged agreement between the parties being specific enough to ascertain the parties' intention with reasonable certainty. Additionally, a writing may be necessary- and there is none-to comply with New York law. Finally, allowing amendment now would be highly prejudicial. Since Plaintiff knew at all times of his bargaining with his employers, Plaintiff must bear the responsibility for failing to state his full claim at an earlier time, rather than dribbling it out over an extended period. The Clerk of the Court is directed to close the pending motion at ECF #74. (Signed by Judge Paul A. Crotty on 7/10/2018) (ne)
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