Smith v. Calypso Charter Cruises Inc. et al

Filing 53

OPINION & ORDER re: 48 FIRST MOTION for Summary Judgment, filed by Calypso Charter Cruises Inc., Frank Giordano, Jr. For the foregoing reasons, the Court grants defendants' motion for summary judgment. This motion requires dismiss al of all of Smith's claims. The Clerk of Court is respectfully directed to terminate the motion pending at docket 48, and to close this case. The grant of summary judgment is with prejudice to all claims brought by Smith based on the theory t hat he was an employee. That is because, in ordering targeted discovery, the Court explicitly defined the discovery to be taken as relating to the presence of absence of "an employer-employee relationship between Smith and defendants." Dk t. 34. The grant of summary judgment is without prejudice, however, to Smith's claims under the NYCHRL, to the extent that these claim that Smith worked for defendants as an independent contractor. Although the evidence adduced in discovery un iformly supports that Smith's work for Calypso came about because his LLCs were hired to work for Calypso and that he thus did not qualify as a "natural person" retained as an independent contractor within the meaning of the NYCHRL, the Court's order authorizing targeted discovery did not expressly identify as a subject of discovery whether, if an independent contractor relationship existed, it was of a nature that fell within the NYCHRL. Smith therefore was not on una mbiguous notice of the need to adduce discovery on this point during targeted discovery. It would therefore not be fair to preclude him from bringing a new action, in a court of competent jurisdiction, pursuing claims under the NYCHRL based on the theory that he was an independent contractor within the protection of that statute. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 9/8/2021) (va) Transmission to Orders and Judgments Clerk for processing.

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