Ramirez v. Marriott Int'l Inc.

MEMORANDUM OPINION AND ORDER Humberto Ramirez (“Plaintiff”), individually and on behalf of all others similarly situated, brings this action against Marriott International, Inc. and The Ritz-Carlton Hotel Company, LLC (together, “Defendants”). Plaintiff alleges, inter alia, that Defendants have engaged, and continue to engage, in a practice of retaining proceeds from service and delivery fees charged to in-room dining customers in violation of New York Labor Law (“NYLL”) §196-d. Plaintiff commenced this action on March 18, 2020. (Doc. 1). He filed his First Amended Complaint on April 17, 2020 (Doc. 8), and his Second Amended Complaint — the operative pleading — on July 9, 2020. (Doc. 32, “SAC”). On December 18, 2020, Defendants moved to partially dismiss the SAC. Specifically, Defendants moved to dismiss Plaintiff’s Fourth Claim for Relief under NYLL §196-d. (Doc. 43; Doc. 44, “Defs. Br.”; Doc. 45, “Peter Decl.”; Doc. 45-1, “Peter Decl., Ex. A”; Doc. 45-2, “Peter Decl. Ex. B”; Doc. 46, “Dangler Decl.”; Doc. 46-1, “Dangler Decl., Ex. A”). Because the motion was “bundled,” Plaintiff’s opposition and Defendants’ reply brief were also filed on December 18, 2020. (Doc. 42, “Pl. Opp.”; Doc. 47, “Defs. Reply”). For the following reasons, Defendants’ partial motion to dismiss is DENIED. BACKGROUND Defendants operate a chain of hotels, restaurants, and resorts throughout the United States. (SAC 33). This includes the Ritz-Carlton, Westchester (“RCW”), located in White Plains, New York. (Id.). Plaintiff was employed by Defendants as an in-room dining server at RCW from 2015 through November 2019. (Id.