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Colella v. New York City Transit Authority

United States District Court, Southern District of New York

April 9, 2015

NICOLA COLELLA, on behalf of himself and classes of those similarly situated, et al., Plaintiffs,
v.
NEW YORK CITY TRANSIT AUTHORITY and MANHATTAN AND BRONX SURFACE TRANSIT OPERATING AUTHORITY, Defendants.

MEMORANDUM DECISION AND ORDER

GEORGE B. DANIELS, United States District Judge:

Plaintiffs bring this action under the Fair Labor Standards Act ("FLSA"), 29 U.S.C. § 201, et seq., seeking to recover unpaid compensation allegedly due. (Compl., ECF No. 1.) Defendants move under Federal Rule of Civil Procedure 37(b)(2)(A), Rule 37(d)(l)(A)(i), and Rule 41(b) to dismiss opt-in plaintiffs Luis Corretjer and John DeGaglia based on their failure to appear for their duly noticed depositions and to respond to their attorneys. (Mot., ECF No. 142; Mem. in Support of MTD, ECF No. 143.) By letter dated April 2, 2015, Plaintiffs' counsel advised Magistrate Judge Michael H. Dolinger that these two plaintiffs "have confirmed . . . that they no longer wish to participate in this lawsuit" and that Plaintiffs' counsel "d[id] not intend to file an opposition to the motion to dismiss Plaintiffs John DeGaglia and Luis Corretjer." (Attachment 1 to April 6, 2015 Report and Recommendation, ECF No. 145.) On April 6, 2015, Magistrate Judge Dolinger issued a Report and Recommendation in which he recommended that Defendants' motion be granted due to these plaintiffs' non-participation. (See Report at 1, ECF No. 145.)

Having reviewed the Report for clear error, [1] this Court adopts the Report's recommendation in full. Plaintiffs Luis Corretjer and John DeGaglia are hereby DISMISSED as named opt-in plaintiffs from this action. The Clerk of the Court is directed to close the motion at ECF No. 142.

SO ORDERED.


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