Chase v. Madicorp

MEMORANDUM DECISION AND ORDER I. INTRODUCTION Presently before the Court is Defendant MADICORP’s (“Defendant” or “Madicorp”) motion to dismiss Plaintiffs’ Complaint alleging various violations of the Fair Labor Standards Act, 29 U.S.C. §201 et seq. (“FLSA”) and the New York Labor Law (“NYLL”), Dkt. No. 1 (the “Complaint”), pursuant to Rule 12 of the Federal Rules of Civil Procedure (“Rule 12″). Dkt. No. 6 (the “Motion”). Additionally, Plaintiffs have cross-moved to amend the Complaint and submitted a proposed Amended Complaint in support of that motion. Dkt. No. 19; Dkt. No. 19-2 (the “Amended Complaint”). For the reasons set forth below, the Amended Complaint is accepted for the purposes of resolving the Motion, and Defendant’s Motion is granted. II. BACKGROUND The following facts are drawn from the Amended Complaint unless otherwise noted, and are assumed to be true for purposes of ruling on the Motion. See Div. 1181 Amalg. Transit Union-N.Y. Emps. Pension Fund v. N.Y.C. Dep’t of Educ., 9 F.4th 91, 94 (2d Cir. 2021) (per curiam). A. The Parties Defendant Madicorp is a foreign limited liability corporation organized and existing under the laws of Massachusetts, with a principal place of business in Needham, Massachusetts. Dkt. No. 19-2 at 19.¹ Madicorp operates as an “industrial staffing agency” that provides “manufacturing and warehouse workforces across the United States” including in New York. Id. at

20, 35. Proposed defendant AAA Airporter Services, Inc. (“AAS”) is similarly a Massachusetts entity that jointly operates Madicorp’s business, including through their shared President, Treasurer, Secretary, Director, and registered agent. Id. at