Ricks v. Long Island Health Network, Inc. et al

Filing 224

MEMORANDUM & ORDER - Presently before the Court is the mandate of the Second Circuit affirming in part and vacating and remanding in part this Court's prior orders dismissing Plaintiffs' Second and Fourth Amended Complaints. This Order i s in response to the Circuit's mandate. For the foregoing reasons, Plaintiffs' NYLL gap-time claims against Defendants CHS, Mercy Medical Center, New Island Hospital a/k/a St. Joseph Hospital, St. Catherine of Siena Medical Center, St. Charles Hospital and Rehabilitation Center, St. Francis Hospital, Our Lady of Consolation Geriatric Care Center, Nursing Sisters Home Care d/b/a Catholic Home Care, and James Harden are again DISMISSED WITH PREJUDICE. The Clerk of the Court is directed to terminate the letter motion at Docket Entry 222 as MOOT and to mark this matter CLOSED. So Ordered by Judge Joanna Seybert on 3/29/2013. C/ECF (Valle, Christine)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK ---------------------------------------X PATRICIA WOLMAN, KELLY IWASIUK, and DENNIS LUNDY, on behalf of themselves and all other employees similarly situated, Plaintiffs, -against- MEMORANDUM & ORDER 10-CV-1326(JS)(ETB) CATHOLIC HEALTH SYSTEM OF LONG ISLAND, INC. d/b/a CATHOLIC HEALTH SERVICES OF LONG ISLAND, GOOD SAMARITAN HOSPITAL MEDICAL CENTER, MERCY MEDICAL CENTER, NEW ISLAND HOSPITAL a/k/a ST. JOSEPH HOSPITAL, ST. CATHERINE OF SIENA MEDICAL CENTER, ST. CHARLES HOSPITAL AND REHABILITATION CENTER, ST. FRANCIS HOSPITAL, ROSLYN, NEW YORK, OUR LADY OF CONSOLATION GERIATRIC CARE CENTER, NURSING SISTERS HOME CARE d/b/a CATHOLIC HOME CARE, and JAMES HARDEN, Defendants. ---------------------------------------X APPEARANCES For Plaintiffs: James Nelson Thomas, Esq. Jessica Lynne Witenko, Esq. Michael J. Lingle, Esq. Peter John Glennon, Esq. Justin Michael Cordello, Esq. Thomas & Solomon LLP 693 East Avenue Rochester, NY 14607 For Defendants: James E. McGrath, III, Esq. Adriana Stefanie Kosovych, Esq. Daniel F. Murphy, Esq. Mark A. Hernandez, Esq. Mary Ellen Donnelly, Esq. Randi Brooke Feldheim, Esq. Putnam, Twombly, Hall & Hirson LLP 521 Fifth Avenue, 10th Floor New York, NY 10175 Joseph A. Carello, Esq. Stephen Jones, Esq. Todd R. Shinaman, Esq. Nixon Peabody LLP 1300 Clinton Square Rochester, NY 14604 SEYBERT, District Judge: Presently before the Court is the mandate of the Second Circuit affirming in part and vacating and remanding in part this Court’s prior orders dismissing Plaintiffs’ Second and Fourth Amended Complaints. This Order is in response to the Circuit’s mandate. BACKGROUND Plaintiffs Patricia Wolman (“Wolman”), Kelly Iwasiuk (“Iwasiuk”), and “Plaintiffs”), commenced Defendants 1 Influenced asserting and Dennis this claims Corrupt Lundy (“Lundy,” putative for class violations Organizations Act of collectively action the (“RICO”), against Racketeer 18 U.S.C. § 1961 et seq., for unpaid overtime and gap time under the Fair Labor Standards Act (“FLSA”), 29 U.S.C. § 207, and the New York 1 Catholic Health System of Long Island, Inc. d/b/a Catholic Health Services of Long Island (“CHS”), Good Samaritan Hospital Medical Center (“Good Samaritan”), Mercy Medical Center, New Island Hospital a/k/a St. Joseph Hospital, St. Catherine of Siena Medical Center, St. Charles Hospital and Rehabilitation Center, St. Francis Hospital, Roslyn, New York, Our Lady of Consolation Geriatric Care Center, Nursing Sisters Home Care d/b/a Catholic Home Care, and James Harden (“Harden,” collectively “Defendants”). 2 Labor Law (“NYLL”), N.Y. LAB. LAW § 650 et seq., and for relief under New York common law. On December 30, 2010, the Court dismissed Plaintiffs’ Second Amended Complaint. (Docket Entry 164.) Plaintiffs’ RICO claims and FLSA gap-time claims were dismissed with prejudice, Plaintiffs’ FLSA overtime claims were dismissed with leave to replead, and jurisdiction the over Court declined Plaintiffs’ state to extend supplemental law claims. Wolman v. Catholic Health Sys. of Long Island, Inc., No. 10-CV-1326, 2010 WL 5491182 (E.D.N.Y. Dec. 30, 2010). On February 16, 2012, the Court dismissed Plaintiffs’ Fourth Amended Complaint. Wolman v. Cath. Health Sys. of Long Island, Inc., 853 F. Supp. 2d 290 (E.D.N.Y. 2012). The Court dismissed all of Plaintiffs’ FLSA and NYLL claims--both overtime and gap time--against Defendants CHS, Mercy Medical Center, New Island Hospital a/k/a St. Joseph Hospital, St. Catherine of Siena Medical Center, St. Charles Hospital and Rehabilitation Center, St. Francis Hospital, Our Lady of Consolation Geriatric Care Center, Nursing Sisters Home Care d/b/a Catholic Home Care, and James Complaint Harden with failed to relationship, as prejudice adequately required under because plead both the the an Amended employer-employee FLSA Wolman, 853 F. Supp. 2d at 296 n.4, 297-301. Fourth and the NYLL. The Court also dismissed Plaintiffs’ FLSA and NYLL overtime claims against the 3 remaining Defendant, Good Samaritan, for failing to adequately plead that Plaintiffs’ were denied overtime compensation. at 304-05. Id. The overtime claims of Plaintiffs Wolman and Iwasiuk were dismissed with leave to replead, and the overtime claims of Plaintiff Lundy were dismissed with prejudice. declined to extend supplemental jurisdiction Id. over The Court Plaintiffs’ NYLL gap-time claims against Good Samaritan and their common law claims against all Defendants. Although Plaintiffs Id. at 302 n.9, 305. Wolman and Iwasiuk were granted leave to replead their FLSA overtime claims, their NYLL claims, and their common law claims against Good Samaritan, they instead filed a Notice of Appeal. Circuit affirmed this (Docket Entry 219.) Court’s dismissal of The Second Plaintiffs’ FLSA claims, their NYLL overtime claims, and their RICO claims. The Circuit vacated this Court’s dismissal of Plaintiffs’ NYLL gaptime claims with prejudice and remanded for further consideration, stating that “because New York law may recognize Plaintiffs’ NYLL gap-time claims, the district court erred in dismissing them with prejudice based solely on its dismissal of Plaintiffs’ FLSA claims.” Lundy v. Catholic Health Sys. of Long Island Inc., --- F.3d ----, 2013 WL 765779, at *9 (2d Cir. 2013). 4 DISCUSSION Prior to addressing the Circuit’s mandate, the Court must clarify one thing. The Court only dismissed the NYLL gap- time claims against Defendants CHS, Mercy Medical Center, New Island Hospital a/k/a St. Joseph Hospital, St. Catherine of Siena Medical Center, St. Charles Hospital and Rehabilitation Center, St. Francis Hospital, Our Lady of Consolation Geriatric Care Center, Nursing Sisters Home Care d/b/a Catholic Home Care, and James Harden with prejudice. against Defendant prejudice. Good Plaintiffs’ gap-time claims Samaritan were dismissed without Thus, the Circuit’s remand relates solely to the gap-time claims against Defendants CHS, Mercy Medical Center, New Island Hospital a/k/a St. Joseph Hospital, St. Catherine of Siena Medical Center, St. Charles Hospital and Rehabilitation Center, St. Francis Hospital, Our Lady of Consolation Geriatric Care Center, Nursing Sisters Home Care d/b/a Catholic Home Care, and James Harden. Notwithstanding the Circuit’s mandate, the Court again DISMISSES against Hospital WITH PREJUDICE Defendants a/k/a St. CHS, Joseph Plaintiff’s Mercy NYLL Medical Hospital, St. gap-time Center, New Catherine of claims Island Siena Medical Center, St. Charles Hospital and Rehabilitation Center, St. Francis Hospital, Our Lady of Consolation Geriatric Care Center, Nursing Sisters Home Care d/b/a Catholic Home Care, and 5 James Harden. The NYLL, like the FLSA, only applies to “employers” as defined by those statutes, see NYLL § 191, and “[t]he standards by which a court determines whether an entity is an ‘employer’ under the FLSA also govern that determination under the New York labor law,” Hart v. Rick's Cabaret Int'l Inc., No. 09-CV-3043, 2010 WL 5297221, at *2 (S.D.N.Y. Dec. 20, 2010) (citing Ansoumana v. Gristede’s Supp. 2d 184, 189 (S.D.N.Y. 2003)). found that Plaintiffs had failed plead that Defendants CHS, Mercy Hospital a/k/a St. Joseph Operating Co., 255 F. Accordingly, as the Court (repeatedly) Medical Hospital, St. to Center, Catherine adequately New Island of Siena Medical Center, St. Charles Hospital and Rehabilitation Center, St. Francis Hospital, Our Lady of Consolation Geriatric Care Center, Nursing Sisters Home Care d/b/a Catholic Home Care, and James Harden were their “employers” as defined by both the FLSA and NYLL, dismissal on the merits of all FLSA and NYLL claims-both overtime warranted. three and gap-time--against those defendants was Further, as the Court had already given Plaintiffs attempts determination to that correct leave to this file pleading a Fifth deficiency, Amended its Complaint against those defendants would be futile was also warranted. See Ruotolo v. City of N.Y., 514 F.3d 184, 191 (2d Cir. 2008) (recognizing that “repeated failure 6 to cure deficiencies by amendments previously allowed” is grounds to deny a party leave to amend (internal quotation marks and citation omitted)). CONCLUSION For the foregoing reasons, Plaintiffs’ NYLL gap-time claims against Defendants CHS, Mercy Medical Center, New Island Hospital a/k/a St. Joseph Hospital, St. Catherine of Siena Medical Center, St. Charles Hospital and Rehabilitation Center, St. Francis Hospital, Our Lady of Consolation Geriatric Care Center, Nursing Sisters Home Care d/b/a Catholic Home Care, and James Harden are again DISMISSED WITH PREJUDICE. The Clerk of the Court is directed to terminate the letter motion at Docket Entry 222 as MOOT and to mark this matter CLOSED. SO ORDERED. /s/ JOANNA SEYBERT______ Joanna Seybert, U.S.D.J. Dated: March 29 , 2013 Central Islip, NY 7

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