58 F. Supp. 3d 226
E.D.N.Y2014Background
- Lama sues under TVPRA, FLSA, NYLL, and NY law for wages, injuries, and related relief from Malik and Singh Defendants.
- Lama alleges years of domestic work in Nepal and U.S. with minimal or irregular pay, and control of her passport/green card by Defendants.
- Defendants allegedly brought Lama to the U.S. in 1996, confined her at a residence, and paid irregularly, with funds often sent to Nepal.
- Lama’s green card and passport were controlled by Defendants; she learned of her green card issuance in 2006 and faced ongoing control over documents.
- Defendants filed bankruptcy for Shammi Malik in 2009; Lama was not listed and received no notice, and the case closed with discharge, prompting this action filed May 14, 2014.
- Court denied Defendants’ partial motion to dismiss all asserted FLSA, NYLL, unjust enrichment, conversion, fraud, and non-dischargeability claims; issues include tolling and pleading sufficiency.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether equitable tolling applies to FLSA/NYLL claims | Lama alleges Defendants’ concealment prevented discovery | No exceptional circumstances; early knowledge possible | Tolling denied on record; denial without prejudice to renew |
| Whether unjust enrichment claim is time-barred | Equitable tolling due to concealment | Strict statute applies | Denied without prejudice to renew after discovery |
| Whether wage-and-hours claims are sufficiently pled | Alleges 1996–2008 work, seven days/week, no days off, low pay | Allegations are vague about frequency/duration | Sufficient pleading; motion denied |
| Whether Lama’s conversion claim is timely and sufficiently pled | Passport/green card and earnings were improperly controlled | Need more factual record on tolling | Conversion claim not dismissed; tolling record pending |
| Whether Shammi Malik’s bankruptcy discharge bars Lama’s claims | Lama not listed; no notice; debts non-dischargeable | Discharge normally bars pre-relief debts | Discharge not applicable given lack of notice/listing; claims not discharged |
Key Cases Cited
- United States v. Sabhnani, 566 F. Supp. 2d 139 (E.D.N.Y. 2008) (equitable tolling where claimants were unaware of FLSA rights; language on tolling due to ignorance)
- Statler v. Dell, Inc., 775 F. Supp. 2d 474 (E.D.N.Y. 2011) (tolling when extraordinary circumstances prevent filing)
- Weizmann Institute of Science v. Neschis, 229 F. Supp. 2d 234 (S.D.N.Y. 2002) (possession rights include future rights; conversion analysis)
- In re Massa, 187 F.3d 292 (2d Cir. 1999) (bankruptcy discharge exceptions; creditor notice requirements)
- Cohen v. S.A.C. Trading Corp., 711 F.3d 353 (2d Cir. 2013) (Rule 9(b) heightened pleading for fraud; intent/falsity considered)
- Twombly v. Bell Atlantic Corp., 550 U.S. 544 (S. Ct. 2007) (plausibility standard for pleading; not mere conclusory allegations)
- Ashcroft v. Iqbal, 556 U.S. 662 (S. Ct. 2009) (plausibility/context-specific standard for pleading)