Smith v. Calypso Charter Cruises Inc. et al

Filing 54

CLERK'S JUDGMENT re: 53 Memorandum & Opinion in favor of Calypso Charter Cruises Inc., Frank Giordano, Jr against Rean Smith. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion & Order dat ed September 8, 2021, the defendants' motion for summary judgment is granted. This motion requires dismissal of all of Smith's claims. The grant of summary judgment is with prejudice to all claims brought by Smith based on the theory tha t 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." Dkt . 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 unamb iguous 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; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 9/8/2021) (Attachments: # 1 Right to Appeal) (km)

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Case 1:19-cv-07076-PAE Document 54 Filed 09/08/21 Page 1 of 2 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK ------------------------------------------------------------X REAN SMITH, Plaintiff, 19 CIVIL 7076 (PAE) JUDGMENT -againstCALYPSO CHARTER CRUISES INC. and FRANK GIORDANO, JR., Defendants. -----------------------------------------------------------X It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion & Order dated September 8, 2021, the defendants' motion for summary judgment is granted. This motion requires dismissal of all of Smith's claims. The grant of summary judgment is with prejudice to all claims brought by Smith based on the theory that 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." Dkt. 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 uniformly 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 unambiguous 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 Case 1:19-cv-07076-PAE Document 54 Filed 09/08/21 Page 2 of 2 competent jurisdiction, pursuing claims under the NYCHRL based on the theory that he was an independent contractor within the protection of that statute; accordingly, the case is closed. Dated: New York, New York September 8, 2021 RUBY J. KRAJICK Clerk of Court BY: ~ Deputy Clerk

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