Ponce v. Spring Natural Corp. et al

Filing 23

ORDER denying as moot 10 Motion to Dismiss; denying as moot 13 Letter Motion to Stay re: 10 MOTION to Dismiss ., 13 LETTER MOTION to Stay of discovery & case management plan during pendency of Defendants' motion to dismiss addressed to Judge Vernon S. Broderick from Matthew Brown dated 3/12/24. Accordingly, it is hereby: ORDERED that the original Defendants' motion to dismiss Ponce's Complaint is deemed moot. IT IS FURTHER ORDERED that the ori ginal Defendants' letter motion requesting that I stay discovery pending resolution of their motion to dismiss is deemed moot. The Clerk of Court is respectfully directed to close the open motions at Docs. 10 and 13. SO ORDERED. (Signed by Judge Vernon S. Broderick on 6/4/2024) (jca)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
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:
SHANTELLE LEBRON, on behalf of herself, :
FLSA Collective Plaintiffs, and the Class,
:
:
Plaintiff,
:
:
:
- against :
INDUSTRIOUS NATIONAL
:
MANAGEMENT COMPANY LLC AND
:
INDUSTRIOUS STAFFING COMPANY,
:
:
LLC,
:
Defendants. :
--------------------------------------------------------- X

23-CV-10678 (VSB)
ORDER

VERNON S. BRODERICK, United States District Judge:
This action was initially filed by Plaintiff Daniel Ponce (“Plaintiff” or “Ponce”) against
Defendants Spring Natural Corp. d/b/a Thyme & Tonic f/d/b/a Spring Natural Kitchen, Tastebud
Market LLC d/b/a Modern Bread and Bagel, Orly Gottesman, and Josh Borenstein (collectively,
“Defendants”). (Doc. 1.) On March 1, 2024, Defendants filed a motion to dismiss Plaintiff’s
Complaint, and a memorandum of law in support. (Docs. 10–11.) On March 12, 2024,
Defendants filed a letter motion requesting that I stay discovery pending my decision on
Defendants’ motion to dismiss. (Doc. 13.) On March 15, 2024, Plaintiff filed a letter stating he
intended to amend his Complaint, and that he would not file an opposition to Defendants’ motion
to dismiss. (See Doc. 14.)
On March 20, 2024, Plaintiff Shantelle Lebron (“New Plaintiff” or “Lebron”) filed an
Amended Complaint against Defendants Industrious National Management Company, LLC and
Industrious Staffing Company, LLC (collectively, “New Defendants”). (Doc. 18.) 1 Given that

Lebron initially filed the Amended Complaint on March 19, 2024, (Doc. 15), but due to a filing error, she re-filed
the Amended Complaint on March 20, 2024, (Doc. 18.)
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the original Defendants were not named in the Amended Complaint, those original Defendants
were terminated from this action on March 21, 2024. Accordingly, it is hereby:
ORDERED that the original Defendants’ motion to dismiss Ponce’s Complaint is deemed
moot.
IT IS FURTHER ORDERED that the original Defendants’ letter motion requesting that I
stay discovery pending resolution of their motion to dismiss is deemed moot.
The Clerk of Court is respectfully directed to close the open motions at Docs. 10 and 13.
SO ORDERED.
Dated:

June 4, 2024
New York, New York

____________________
Vernon S. Broderick
United States District Judge

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