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Gill v. Acacia Network

United States District Court, S.D. New York

May 27, 2015

ADONICA GILL and ROSLYN HUNTER, Plaintiffs,
v.
ACACIA NETWORK et al., Defendants.

OPINION

THOMAS P. GRIESA, District Judge.

In a March 18, 2015 opinion, the court granted motions to dismiss filed by individual defendants Martinez, Lopez, Langrod Alba, Berk, and Gatell. (Dkt. No. 70.) The court also granted the corporate defendant ACACIA's motion to dismiss with respect to plaintiffs' COBRA, ERISA, and FLSA claims, but denied ACACIA's motion to dismiss with respect to the federal and state WARN Act claims.[1]

In so ruling, the court stated:

Given the pro se status of plaintiffs, certain claims are dismissed without prejudice. Because the federal and state WARN Act claims against the individual defendants and the NLRA claim against all defendants would fail as a matter of law even if additional facts were pled by plaintiffs, they are dismissed with prejudice. The remaining claims against all defendants are dismissed without prejudice. If plaintiffs seek to revive any claims that have now been dismissed without prejudice, they must file an amended complaint within 60 days of the date of this opinion.

More than sixty days have elapsed from the date of the March 18, 2015 opinion, and plaintiffs have not filed an amended complaint. As such, all claims that were previously dismissed without prejudice-the federal and state COBRA claims, the ERISA claims, the FLSA claims, and the New York State labor law claims-are now dismissed with prejudice.

Thus, the sole remaining claims in this action are the federal and state WARN act claims asserted against defendant ACACIA.

The court will schedule a conference with the parties in August 2015.

SO ORDERED.


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