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Chenensky v. New York Life Ins. Co.

United States District Court, S.D. New York

March 11, 2013

BRIAN CHENENSKY, individually and on behalf of all others similarly situated, Plaintiff,
v.
NEW YORK LIFE INSURANCE COMPANY et al., Defendant

Page 389

For Plaintiff: John Halebian, Esq., Lovell Stewart Halebian LLP, New York, NY.

For Defendants: Richard G. Rosenblatt, Esq., Morgan, Lewis & Bockius LLP, Princeton, NJ.

Page 390

MEMORANDUM & ORDER

WILLIAM H. PAULEY III, U.S.D.J.

Plaintiff Brian Chenensky brings this putative class action against Defendants New York Life Insurance Company, New York Life Insurance and Annuity Corporation, and NYLIFE Insurance Company of Arizona (collectively " New York Life" ) alleging violations of the New York Labor Law (" NYLL" ) for impermissible wage-deductions. Chenensky moves to amend his complaint and New York Life moves for summary judgment dismissing the action. For the following reasons, this Court declines to exercise supplemental jurisdiction over Chenensky's NYLL claims and dismisses this action without prejudice. Accordingly, the motions are moot.

BACKGROUND

Chenensky filed this action on December 21, 2007, alleging violations of the Fair Labor Standards Act (the " FLSA" ), 29 U.S.C. § 207 et seq., Title 12 of the New York Codes, Rules and Regulations (" NYCRR" ) § 142-2.2, and NYLL § 193. New York Life moved for summary judgment on all claims. On December 22, 2009, this Court issued a Memorandum and Order (" December 22 Order" ) granting in part and denying in part New York Life's motion. Chenensky v. N.Y. Life Ins. Co., No. 07 Civ. 11504 (WHP), 2009 WL 4975237, *9 (S.D.N.Y. Dec. 22, 2009). Specifically, this Court granted summary judgment dismissing Chenensky's FLSA and NYCRR claims, finding that there was no issue of material fact and noting that this ruling might deprive it of federal jurisdiction. This Court also held that there was a genuine issue of material fact as to Chenensky's NYLL claims and denied summary judgment as to them. Thereafter, this Court continued to exercise supplemental jurisdiction because of a related case, Gold v. N.Y. Life, 09 Civ. 3210 (WHP), which dealt with nearly identical issues and alleged federal jurisdiction

Page 391

under the Class Action Fairness Act, 28 U.S.C. § 1332(d).

This Court subsequently decided three additional motions: (1) Plaintiff's motion for reconsideration of the Court's decision granting summary judgment dismissing the federal overtime claims, on June 1, 2010; (2) Defendants' motion to strike Plaintiff's class allegations and preemptively deny class certification, on April 27, 2011; and (3) Plaintiff's motion for summary judgment on his NYLL § 193 claims, on January 10, 2012.

On May 14, 2012, this Court dismissed Gold v. New York Life, 09 Civ. 3210 (WHP), for want of federal jurisdiction. Gold subsequently re-filed his case in New York State Court on November 14, 2012.

DISCUSSION

I. Supplemental Jurisdiction ...


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