Diaz v. D'Angel Auto Body Repair, Inc.

Background

Robert Diaz brought claims against D’Angel Auto Body Repair, Inc., doing business as Flat Fix Tires, 149 Auto Body Repair Corporation, and Juan Lantigua under the Fair Labor Standards Act, the New York City Labor Law, and related provisions of New York regulations. The defendants moved to dismiss for failure to state a claim.

Lantigua filed the response for himself and attempted to file for the two corporations as well. The court noted that a corporation may appear in federal court only through an attorney, but considered Lantigua’s argument about the Fair Labor Standards Act’s revenue requirement as if it had been made by the corporate defendants.

Fair Labor Standards Act Claim

The court explained that coverage under the Fair Labor Standards Act requires, among other things, an employer engaged in interstate commerce to have gross annual sales of at least $500,000. Defendants asserted that this requirement could not be met, and Diaz did not contest that point after receiving documents concerning the defendants’ revenue.

The court therefore dismissed Diaz’s Fair Labor Standards Act claim with prejudice.

State-Law Claims

The court had federal-question jurisdiction based on the Fair Labor Standards Act claim. After dismissing that claim, it declined to exercise supplemental jurisdiction—the court’s authority to hear related state-law claims—instead of deciding the New York City Labor Law and related regulatory claims. Those claims were dismissed without prejudice to repleading them in state court.

Disposition

The court granted defendants’ motion to dismiss and directed the Clerk of Court to close the case. The opinion does not state that the court decided the merits of the state-law claims.