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Ortiz v. HF Mgmt. Servs. LLC

FLSA Complaint Exceeded Scope of Opinion, Pleaded Facts Inconsistent With Discovery

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OPINION AND ORDER

*1 Named Plaintiff Juana Ortiz, on behalf of herself and others similarly situated, sues Defendant HF Management Services (“Defendant” or “Healthfirst”) for alleged violations of the Fair Labor Standards Act (“FLSA”) and New York Labor Law (“NYLL”). Defendant moves to dismiss the Second Amended Complaint (the “Complaint”) based on Named Plaintiff’s alleged failure to comply with this Court’s December 9, 2016, Order granting leave to amend the Amended Complaint under specific conditions. Named Plaintiff opposes the motion. Defendant’s motion is granted and the Complaint is dismissed.1I. BACKGROUNDA. Procedural History Preceding This ActionKanwarpreet Thind initiated this putative collective and class action on December 3, 2014. He filed the First Amended Complaint on February 20, 2015 (the “FAC”). The FAC alleged that Thind worked for Healthfirst as a Facilitated Enroller (“FE”) from August 24, 2009, to January 24, 2012, and as a Manager for Sales (“Manager”) from January 25, 2012, to August

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