Fernandez v. HR Parking Inc

Background

The order addresses a motion to quash, meaning a request to cancel, a trial subpoena served on Rodman Ryan. The motion was filed by Open Road of Manhattan, Michael Morais, and Ryan, referred to in the order as the “Open Road Defendants.” Ryan submitted an affidavit stating that he had not contacted the plaintiffs or the other defendants, HR Parking and Nelson Rodriguez.

Arguments and Analysis

The Open Road Defendants argued that Ryan would face an undue burden if required to appear at trial because he lacked knowledge of or interaction with the plaintiffs and co-defendants. They also argued that he had no relevant testimony because of his lack of involvement in the matter.

The court rejected those arguments. Ryan’s affidavit stated that he owned Open Road Auto Group, but he did not deny knowing about the contract between Open Road and HR Parking. He denied knowing that HR Parking was not properly compensating its employees. The court also explained that, under the Fair Labor Standards Act, an individual need not have been personally involved in wage violations to potentially be liable for them. Ryan’s lack of contact with the plaintiffs therefore did not show that he lacked relevant testimony about liability.

Ruling

The court held that requiring Ryan to appear under the subpoena would not impose an undue burden. Judge Gorenstein denied the motion to quash, Docket No. 160.