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Adia v. Grandeur Mgmt. Inc.

Forced Labor Claims Under TVPA, ATS Not Stated; Alien Freely Traveled to, Got Job in N.Y.

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Noel P. Adia, Plaintiffv.Grandeur Management, Inc. and Raja I. Younas, Defendants

OPINIONDefendants Grandeur Management, Inc. (“Grandeur”) and Raja I. Younas (“Younas”) (collectively, the “Defendants”) have moved to dismiss the Complaint of the plaintiff Noel P. Adia (“Adia” or the “Plaintiff”) pursuant to Federal Rules of Civil Procedure 12(b)(2) and 12(b)(6). The Plaintiff has cross-moved to amend the Complaint. The cross-motion of the Plaintiff to amend the Complaint by the additional allegations in paragraphs 28-44 is granted. The motion of the Defendants to dismiss the Complaint as amended is granted.I. Facts & Prior ProceedingsAdia filed the Complaint on November 29, 2017 alleging that the Defendants fraudulently recruited him to work as an H-2B guest worker and forced him to work overtime through threats of lack of immigration status, loss of work, and false provisions of sponsorship in violation of the Trafficking Violations Protection Act, 18 U.S.C. §1589.90 (“TVPA”), the Alien Tort Statute, 28 U.S.C. §1350, (“ATS”), and New York Labor Law, Article 19 §§650 et seq. (“NYLL”). Compl.

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