57 F. Supp. 3d 325
S.D.N.Y.2014Background
- Plaintiff Leigh Shafir alleges Defendants failed to pay overtime under FLSA and NYLL as an hourly employee.
- Defendants move to dismiss under Rule 12(b)(6).
- Court converts the motion to summary judgment under Rule 56 because matters outside the pleadings are presented.
- Plaintiff attached depositions and an affidavit to the Complaint; Defendants attached a declaration and deposition.
- Court finds extensive evidentiary material available and decides to treat the motion as summary judgment to efficiently resolve the case.
- Court allows additional discovery and supplemental briefing, set with deadlines for December 5 and December 15, 2014.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the court should convert the 12(b)(6) motion to summary judgment. | Shafir: evidence outside pleading supports claims. | Defendants: should decide on pleadings only. | Yes; convert to summary judgment. |
| Whether Shafir has Article III standing despite Defendants’ arguments. | Shafir has injury from unpaid overtime. | No injury or jurisdictional defect shown. | Standing exists; issue will be resolved on merits. |
| Whether overtime entitlement depends on classifying Shafir as hourly employee. | Ongoing overtime wages owed if hourly. | Classification is a merits issue. | Merits-based question to be resolved under Rule 56. |
| Whether further discovery is appropriate after conversion. | Additional discovery could yield relevant facts. | Discovery not precluded but needs limits. | Parties may conduct additional discovery by specified deadlines. |
Key Cases Cited
- CorteC Indus., Inc. v. Sum Holding L.P., 949 F.2d 42 (2d Cir. 1991) (guides conversion of Rule 12(b)(6) motions when extraneous material is present)
- Global Network Commc’ns, Inc. v. City of New York, 458 F.3d 150 (2d Cir. 2006) (summary judgment proper to consider outside pleadings)
- Sellers v. M.C. Floor Crofters, Inc., 842 F.2d 639 (2d Cir. 1988) (court may consider outside materials when converting to summary judgment)
- Rose v. Bartle, 871 F.2d 331 (3d Cir. 1989) (affidavit attached to complaint constitutes outside pleading material)
- Zappia Middle East Constr. Co. Ltd. v. Emirate of Abu Dhabi, 215 F.3d 247 (2d Cir. 2000) (standing vs. failure to state a claim; can consider outside evidence for jurisdiction)