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Ahmed v. Domino's Pizza LLC

Pizza Delivery Drivers' FLSA, NYLL Wage Claims Denied Arbitration, But Are Dismissed

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ADDITIONAL CASES Abdullah Al Mamun, Plaintiff, v. Domino’s Pizza LLC, 3441 Ossining Pizza, LLC, and Rob Cookston, Defendants; 21-CV-3203 OPINION & ORDER Before the Court is Defendants’ joint motion to compel arbitration as to Defendants 3441 Ossining Pizza, LLC (“3441″) and Rob Cookston, or, in the alternative, to dismiss the amended complaints against Domino’s Pizza LLC (“Domino’s”), 3441, and Cookston (collectively, “Defendants”), in both of the above-captioned cases. (Ahmed ECF No. 32; Al Mamun ECF No. 31.)¹ For the following reasons, Defendants’ motion to compel is DENIED and their motion to dismiss is GRANTED. I. BACKGROUND A. Facts Relating to Claims For purposes of Defendants’ motion to dismiss, I accept as true the facts, although not the conclusions, set forth in Plaintiffs’ respective Amended Complaints. Plaintiffs Syed Alamgir Ahmed and Abdullah Al Mamun bring claims against Defendants under the Fair Labor Standards Act (“FLSA”) and New York Labor Law (“NYLL”) to recover unpaid wages, overtime compensation, and compensation for work during meal breaks. (Ahmed ECF No. 19 (“Ahmed AC”) 1; Al Mamun ECF No. 18 (“Al Mamun AC”) 1.) 3441 owns and operates a Domino’s store located in Ossining, New York, and Cookston owns and operates 3441. (Ahmed AC

11-12; Al Mamun AC

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