Martinez et al v. Apogee Retail LLC et al

Filing 45

Endorsed ORDER OF DISMISSAL granting 42 Motion to Dismiss; granting in part and denying in part 24 Motion for Judgment on the Pleadings; That the First Cause of Action asserting overtime violations of the FLSA on behalf of Esdras Rafael Sanchez Soriano be dismissed without prejudice; that the remaining causes of action arising under state law be and are hereby dismissed with prejudice for lack of jurisdiction; that the branch of the Defendant's Motion for Judgment on the Pleadings seeking sanctions pursuant to F.R.C.P. 11 is Denied; and that the Clerk of the Court is directed to close this file. (Ordered by Judge Leonard D. Wexler on 4/27/2016.) (Fagan, Linda)

Case 2:15-cv-03446-LDW-ARL Document 42-1 Filed 03/16/16 Page 1 of 1 PageiD #: 529

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
MARINA E. MARTINEZ and ESDRAS RAFAEL
SANCHEZ SORIANO, individually and on behalf of all
others similarly situated,

Case No.: 15-cv-3446

Plaintiffs,

-against-

~PR 2 ~~ 2016

APOGEE RETAIL LLC and APOGEE RETAIL NY LLC
d/b/a UNIQUE THRIFT STORES,
Defendants.

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WHERAS the Defendant filed a Motion for Judgment on the Pleadings on December 15,
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201•5 ECF No. 24), dismissing the First Cause of Action Pursuant to FRCP 12(c), and
dismissing the remaining causes of action based upon the New York Labor Law for lack of
jurisdiction, and;
WHEREAS the Plaintiffs opposed said motion on December 15 20 1_$' (ECF No. 26); and
WHEREAS the Plaintiffs have further indicated by letter to the Court dated March 16,
2016 that they withdraw their opposition to the Defendant's Motion to dismiss; now
IT IS HEREBY ORDERED that the First Cause of Action asserting overtime violations
of the FLSA on behalf of Esdras Rafael Sanchez Soriano be dismissed without prejudice;
ORDERED that the remaining causes of action arising under state law be and are hereby

~-~

dismissed with.JW' prejudice for lack of jurisdiction;
ORDERED that the branch of the Defendant's Motion for Judgement on the Pleadings
seeking sanctions pursuant to F.R.C.P. 11 is Denied;
ORDERED that the Clerk of the Court is directed to close this file.
SO ORDERED
1