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Jimenez v. Bosie LLC

Silent Partner Not Dismissed From FLSA Suit; Service on Tea Parlor Satisfied CPLR §308

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OPINION & ORDER Leocadio Jimenez brought this action against Bosie, LLC d/b/a Bosie Tea Parlor, Marie Arun Teas, Inc., Nilesh Dawda, and Jessica Massias alleging failure to pay overtime and provide wage statements and notices in violation of the Fair Labor Standards Act (“FLSA”) and the New York Labor Law (“NYLL”). Doc. 1. Pending before the Court is Dawda’s motion to dismiss based on lack of personal jurisdiction and insufficient service of process, pursuant to Federal Rule of Civil Procedure 12(b)(2) and 12(b)(5). Doc. 35. For the reasons set forth below, Dawda’s motion is DENIED. I. BACKGROUND Jimenez’s claims arise from his employment at Bosie Tea Parlor and Maria Arun Teas (collectively, the “Tea Parlor”), which is located at 506 LaGuardia Place in Manhattan. Doc. 1

4, 6. Jimenez worked there from June 15, 2013 to August 15, 2019. Id. 45. Dawda and Massias are alleged to be principals, officers, and/or managers of the Tea Parlor. Id.

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