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Jeffrey v. DTG Operations Inc.

Class Action Dismissed Under 'First-Filed Rule' Based on June 2019 Action in SDNY

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MEMORANDUM & ORDER   Before the Court is Defendants DTG Operations, Inc. and The Hertz Corporation’s (collectively “Hertz”) motion to dismiss Plaintiff Tracy Jefferey’s New York Labor Law claims, pursuant to the first-filed rule, as an earlier-filed case in the Southern District of New York, Kemal v. Hertz Corporation, No. 19-CV-5461 (PAE) (RWL), already encompasses Plaintiff’s claims.1 The Court agrees and dismisses this suit without prejudice and with leave to refile in the Southern District of New York (“SDNY”).2 BACKGROUND I. Allegations in This Case Plaintiff in the instant case filed a class action complaint in this district on December 23, 2019. (Jeffrey Compl., Dkt. 1.) Plaintiff brought the claims on his own behalf, and on behalf of location managers or persons in comparable roles working for Hertz, to remedy violations of the New York Labor Law (“N.Y. Lab. Law”) §§650 et seq., and its supporting regulations. (Id. at 1.) Plaintiff alleges that Defendants minimized labor costs by employing non-exempt hourly workers to staff airport rental locations and routinely required location managers to work in excess of forty hours per week, without paying overtime wages. (Id. at

5-9.) Plaintiff asserts one cause of action based on lost wages (id. at

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