Vasquez v. MobileShack Inc.
- Paul Engelmayer
- 1:19-cv-10371
- U.S. District Court · Southern District of New York
- 3
In Vasquez v. MobileShack, Judge Engelmayer granted summary judgment for Victor Levy but otherwise denied defendants’ motion, leaving claims against MobileShack and Avi Levy for trial.
The ruling grants summary judgment on all claims against Victor Levy, while the five claims against MobileShack, Inc. and Avi Levy proceed toward trial. The plaintiffs are Silvayn Vasquez, Andrew Kettle, and Santiago Maidana.
What happened
Silvayn Vasquez, Andrew Kettle, and Santiago Maidana sued MobileShack, Inc., Avi Levy, and Victor Levy under the Fair Labor Standards Act and New York Labor Law. They alleged that MobileShack denied them minimum wage, overtime pay, and other legally required employment benefits.
Defendants asked for partial summary judgment, arguing that Victor Levy was not their employer and that Kettle was an exempt executive employee who was not entitled to overtime. A magistrate judge recommended granting summary judgment for Victor Levy but allowing Kettle’s claims to proceed because facts were disputed about his job duties. No party objected to that recommendation, so the district court reviewed it for clear error and found none.
Judge Paul A. Engelmayer adopted the recommendation. The court granted defendants’ motion for summary judgment as to all claims against Victor Levy and otherwise denied the partial motion. The case will proceed to trial on the five claims against MobileShack, Inc. and Avi Levy.
The detailed version
- Vasquez v. MobileShack Inc. · No. 1:19-cv-10371
- Paul Engelmayer
- July 10, 2023
Background
Silvayn Vasquez, Andrew Kettle, and Santiago Maidana brought claims under the Fair Labor Standards Act and New York Labor Law. They alleged that, during their employment at MobileShack, they were denied minimum wage, overtime pay, and other employment benefits required by law. The defendants were MobileShack, Inc., Avi Levy, also known as Albert Levy, and Victor Levy.
Defendants moved for partial summary judgment on two issues. First, they argued that Victor Levy was not an employer under either statute and therefore should not remain in the case. Second, they argued that Kettle was an “executive” employee exempt from the overtime requirements of the Fair Labor Standards Act and New York Labor Law.
Report and Recommendation
The court had referred the motion to Magistrate Judge Gabriel W. Gorenstein for a report and recommendation. Judge Gorenstein recommended granting summary judgment in favor of Victor Levy on all claims against him. He recommended that Kettle’s claims proceed to trial because a factual dispute existed about whether Kettle was an exempt executive employee. The recommendation also left the claims on which defendants had not sought summary judgment to continue.
No party objected to the report. Under the governing review standard, the district court reviewed the unobjected-to recommendations for clear error—an obvious mistake on the face of the record. Judge Engelmayer found no facial error and adopted the report in its entirety. The opinion also states that the parties’ failure to object waived appellate review of the report.
Ruling
The court granted defendants’ motion for summary judgment as to all claims against Victor Levy and otherwise denied defendants’ partial motion for summary judgment. The conclusion refers to Victor Levy as “Victory Levy,” but the caption and the rest of the opinion identify him as Victor Levy.
The case will proceed to trial on plaintiffs’ five claims against MobileShack, Inc. and Avi Levy. The court directed the parties to confer and submit a joint pretrial order by July 31, 2023, with any motions in limine due on the same date and opposition briefs due one week later.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.