UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK

TAMMY DEES and DAKOTA BOLAND,

Plaintiffs, 5:20-cv-1537 (BKS/MJK)

v.

T.L. CANNON CORP., T.L. CANNON MANAGEMENT CORP., TLC WEST, LLC, TLC CENTRAL, LLC, TLC UTICA, LLC, TLC EAST, LLC and TLC NORTH, LLC,

Defendants.

Appearances: For Plaintiff: Frank S. Gattuso Gattuso & Ciotoli, PLLC The White House 7030 East Genesee Street Fayetteville, NY 13066

James E. Murphy Jack L. Newhouse Lloyd R. Ambinder Michele A. Moreno Virginia & Ambinder, LLP 40 Broad Street, 7th Floor New York, NY 10004

For Defendants: Jessica F. Pizzutelli Craig R. Benson Erin M. Train Littler Mendelson, P.C. 375 Woodclilff Drive, 2nd Floor Fairport, NY 14450 Hon. Brenda K. Sannes, Chief United States District Judge: MEMORANDUM-DECISION AND ORDER Plaintiffs Tammy Dees and Dakota Boland commenced this putative class action asserting claims under the Fair Labor Standards Act (FLSA), the New York Labor Law and related state regulations arising out of their employment at locations owned and operated by Defendants. (Dkt. No. 1). On February 23, 2024, Plaintiffs filed a motion for class certification

and for leave to file an amended complaint. (Dkt. No. 56, 57). Defendants opposed the motion and filed a cross-motion for summary judgment under Fed. R. Civ. P. 56(a) seeking to dismiss the complaint. (Dkt. No. 70). The motions were fully briefed. (Dkt. No. 73, 76). This matter was assigned to United States Magistrate Judge Mitchell J. Katz who, on July 1, 2024, issued a Report-Recommendation recommending that Plaintiffs’ motion for leave to amend be granted, and that Plaintiffs’ amended complaint (Dkt. No. 56-4) be accepted for filing as the operative pleading in this action; that Defendants’ motion for partial summary judgment be granted in part, in that the FLSA claim alleged in Count III of the amended complaint be dismissed with prejudice; that the district court decline to exercise supplemental jurisdiction over Plaintiffs’ state law claims, and thus that the remaining causes of action in the amended complaint be dismissed

without prejudice to refiling in state court; and that Plaintiffs’ motion for class certification be denied as moot. (Dkt. No. 78). Magistrate Judge Katz advised the parties that under

(b)(1), they had fourteen days within which to file written objections to the report and that the failure to object to the report within fourteen days would preclude appellate review. (Dkt. No. 78, at 15). No objections were filed. As no objections to the Report-Recommendation have been filed, and the time for filing objections has expired, the Court reviews the Report-Recommendation for clear error. See Petersen v. Astrue,

, 228–29 (N.D.N.Y. 2012); Fed. R. Civ. P. 72(b) advisory committee’s note to 1983 amendment. Having reviewed the Report-Recommendation for clear error and found none, the Court adopts the Report-Recommendation in its entirety. For these reasons, it is ORDERED that Plaintiffs’ motion for leave to amend the complaint (Dkt. No. 56) is GRANTED, and Plaintiffs’ amended complaint (Dkt. No. 56-4) is accepted for filing as the operative pleading in this action, and it is further ORDERED that Defendants’ motion for partial summary judgment (Dkt. No. 70) is GRANTED IN PART, in that the FLSA claim alleged in Count III of the amended complaint is DISMISSED WITH PREJUDICE, and it is further ORDERED that the Court declines to exercise supplemental jurisdiction over Plaintiffs’ state law claims, and thus the remaining causes of action in the amended complaint are DISMISSED WITHOUT PREJUDICE to refiling in state court, and it is further ORDERED that Plaintiffs’ motion for class certification (Dkt. No. 56) is DENIED as moot, without prejudice to refiling in state court; and it is further ORDERED that the Clerk of the Court shall enter judgment and close this case; and it is further ORDERED that the Clerk serve a copy of this Order upon the parties in accordance with the Local Rules. IT IS SO ORDERED. Dated: July 19, 2024 Syracuse, New York Le b | ( Swe OW Brenda K. Sannes Chief U.S. District Judge