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Brack v. MTA New York City Transit

Intervention in FLSA Action Denied; Intervention Would Be Dilatory, Prejudicial

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ORDER On February 7, 2018, Plaintiff Frederick G. Brack (“Brack”) filed this action (“Brack” or “Brack action”) against MTA New York City Transit (“NYC Transit”), alleging violations of the Fair Labor Standards Act (“FLSA”), 29 U.S.C. §201 et seq. (Compl. dated Feb. 7, 2018, Dkt. No. 1). The parties were referred to mediation and reached a settlement on September 24, 2018. (Report of Mediation dated Sept. 24, 2018). During the period for potential plaintiffs to opt into and participate in the settlement, the Court received a letter from counsel in another case pending in the Southern District of New York, Romero v. Manhattan and Bronx Surface Transit Operating Authority (“MaBSTOA”), 19-CV-694 (“Romero” or “Romero action”). (See Letter attached to Order dated Feb. 28, 2019 (“Schwartz Letter”), Dkt. No. 47). Romero is a collective and class action that alleges violations of FLSA, but also of New York Labor Law and the state and federal constitutions. (Romero Compl., attached as Ex. 1 to Decl. of Diana J. Nobile, attached as Ex. 2 to Mem. in Supp. of Mot. to Transmit a Suppl. Notice (“Suppl. Notice Mem.”), Dkt. No. 41, 1). The letter expressed concern about the Brack settlement and the notice provided to potential opt-in plaintiffs.On March 14, 2019, the two named plaintiffs in Romero moved to intervene in Brack. (Mot. to Intervene (“Intervenor Mot.”) dated Mar. 14, 2019, Dkt. No. 56). The Brack parties jointly opposed the motion. (See Mem. in Opp’n (“Brack Opp’n”) dated Mar. 18, 2019, Dkt. No. 59). For the reasons stated below, the objections raised by the Romero intervenors are deemed to be meritless, and the motion to intervene is denied.FACTUAL BACKGROUND AND PROCEDURAL HISTORYBrack sued NYC Transit on February 7, 2018, alleging that NYC Transit failed to pay employees overtime as required by FLSA. (Compl.

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