Court, Explained
U.S. Federal District Courts
←Back to docket
S.D.N.Y.Procedural orderFiled Apr. 17, 2025

Abuladze v. Apple Commuter, Inc..

Judge
Garnett
Docket
1:22-cv-08684
Court
U.S. District Court · Southern District of New York
Pages
2
FlsaMotion to DismissCivil Procedure
In one sentence

In Abuladze v. Apple Commuter, Judge Garnett dismissed the plaintiffs’ time-barred wage claims but kept their state-law claims.

Who this affects

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

For law students, journalists, and other readers who want the full reasoning

Case
Abuladze v. Apple Commuter, Inc.. · No. 1:22-cv-08684
Judge
Garnett
Date
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.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
Summary written with AI assistance. See how summaries are made. Spot something wrong? Tell us.