Abuladze v. Apple Commuter, Inc..
- Garnett
- 1:22-cv-08684
- U.S. District Court · Southern District of New York
- 2
In Abuladze v. Apple Commuter, Judge Garnett dismissed the plaintiffs’ time-barred wage claims but kept their state-law claims.
The plaintiffs’ Fair Labor Standards Act claims against Apple Commuter, Inc. and Biren J. Shah were dismissed with prejudice. Their remaining state-law claims against Apple and Shah remained in federal court under supplemental jurisdiction.
What happened
In Abuladze v. Apple Commuter, the plaintiffs brought claims under the Fair Labor Standards Act against Apple Commuter, Inc. and Biren J. Shah, along with state-law claims.
Magistrate Judge Robyn F. Tarmofsky recommended dismissing the wage claims as time-barred under Rule 12(c). The parties filed no objections, so they waived their right to object to the recommendation or obtain appellate review.
The district court adopted the recommendation in full. Judge Margaret M. Garnett dismissed the Fair Labor Standards Act claims against Apple and Shah with prejudice and retained supplemental jurisdiction over the remaining state-law claims.
The detailed version
- Abuladze v. Apple Commuter, Inc.. · No. 1:22-cv-08684
- Garnett
- Apr. 17, 2025
Background
The plaintiffs asserted claims under the Fair Labor Standards Act (FLSA) against Apple Commuter, Inc. and Biren J. Shah. They also asserted remaining state-law claims against Apple and Shah.
Report and Recommendation
Magistrate Judge Robyn F. Tarmofsky issued a Report and Recommendation on February 24, 2025. She recommended that the court dismiss the plaintiffs’ FLSA claims against Apple and Shah as time-barred under Rule 12(c) of the Federal Rules of Civil Procedure, and retain supplemental jurisdiction over the remaining state-law claims. Supplemental jurisdiction allows a federal court to continue hearing related state-law claims connected to claims within its federal jurisdiction.
The Report and Recommendation gave the parties fourteen days to object and warned that failing to object on time would waive the right to object. No objections or requests for an extension were filed. The court therefore found that the parties had waived their right to object to the Report and Recommendation or obtain appellate review. The court nevertheless reviewed the Report and Recommendation and found it well reasoned and supported by the facts and law.
Ruling
Judge Margaret M. Garnett adopted the Report and Recommendation in its entirety. The court dismissed the plaintiffs’ FLSA claims against Apple and Shah with prejudice. The court retained supplemental jurisdiction over the remaining state-law claims against Apple and Shah.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.