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Simmons v. Trans Express Inc.

FLSA Overtime Action Held Barred as Res Judicata Following Case in Small Claims Court

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Plaintiff Charlene Simmons commenced this action on October 24, 2018. (Compl., ECF No. 1). She alleges that she is entitled to unpaid overtime wages, liquidated damages, and attorney’s fees stemming from defendant Trans Express Inc.’s violations of the Fair Labor Standards Act, 29 U.S.C. §201 et seq. (“FLSA”), and the New York Minimum Wage Act, N.Y. Lab. Law §650 et seq. (“NYLL”). (Compl.

1-3). On January 18, 2019, Trans Express moved to dismiss the complaint, pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. (Mot., ECF No. 11). Trans Express contends that this action is barred by the doctrine of res judicata because of a previous proceeding in Queens Civil Court, Small Claims Part 45 (“small claims court”). (Def. Br. at 2, ECF No. 11-5). For the reasons set forth below, the motion is granted.BackgroundAs its name suggests, Trans Express is a transportation services company headquartered in Brooklyn. (Compl.

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