The opinion of the court was delivered by: THOMAS GRIESA, Senior District Judge
Plaintiffs, former employees at defendant stores, claim that
they were denied the compensation required under the Fair Labor
Standards Act, 29 U.S.C. §§ 201 et seq. ("FLSA") and the New
York Labor Law §§ 190 et seq. They also assert claims for
various forms of wrongdoing under New York statutes and common
The federal claim under FLSA was disposed of by plaintiffs'
acceptance of an offer of judgment and dismissal of this claim.
The state law compensation claims were also covered by this
Pursuant to Fed.R.Civ.P. Rule 12(b)(1), defendants move to
dismiss the remaining causes of action, which assert the other state law
claims. Defendants contend that the court should decline further
supplemental jurisdiction over these state law claims. The motion
Plaintiffs have filed a motion to obtain the attorneys' fees
provided for in the offer of judgment. That motion is not dealt
with in this opinion.
In view of the nature of the motion, the relevant facts relate
mainly to the procedures that have occurred thus far in the
course of litigation.
Plaintiffs are three women who worked in the defendant retail
stores, Ramco and National Discount Store, located on Dyckman
Street in upper Manhattan. Defendant Albert Palacci is the owner
of these stores.
The action was commenced on May 4, 2004. In addition to the
compensation claims under the FLSA and the New York Labor Law,
the complaint alleged sexual harassment and related wrongdoing in
violation of New York statutes and common law.
In July 2004 the parties engaged in initial disclosures and
plaintiffs served their first request for production of
On August 5, 2004 defendants made an offer of judgment to
plaintiffs pursuant to Fed.R.Civ.P. Rule 68. The offer was
(a) Judgment for the plaintiffs in the total amount
of $60,712.00 as respects the First, Second and Third
Causes of Action; and
(b) in accordance with F.R.C.P. 23, 5 U.S.C. § 501 or
other statute, reasonable attorneys' fees as determined by the Court to be incurred up
through the date of this Offer.
The first cause of action was brought under the FLSA. The second
and third causes of action were under the New York Labor Law.
These were the compensation claims.
A pre-trial conference was held on August 6, 2004. Plaintiffs
served their second request for production of documents and first
set of interrogatories on the same day.
Plaintiffs accepted the offer of judgment on August 16, 2004.
The $60,712 was paid on September 15, 2004. On October 21, 2004,
the court entered an order dismissing the first, second, and
third causes of action with prejudice.
The state law claims relating to sexual harassment were not
disposed of and remained to be litigated. Also, the issue about
attorneys' fees, which was part of the ...