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Pressley v. Ford Models Inc.

Model's Action Brought Against Agencies for Failure to Pay Wages Survives Dismissal

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DECISION AND ORDER  Defendants Wilhelmina Models, Inc. and Wilhelmina International Ltd. (together “Wilhelmina”), Click Model Management (“Click”) and Next Model Management, LLC (“Next”), each seek dismissal of the First Amended Complaint (“FAC”) under CPLR 3211. Click also moves for sanctions pursuant to 22 NYCRR §130-1.1. For the following reasons, the motions are granted to the limited extent of dismissing count one as pleaded against Click and Next, count four as pleaded against Click, and count live in its entirety. As to whether plaintiff waived the right to pursue a class action or to a jury trial against Next, decision shall be deferred.I. BACKGROUNDPlaintiff Mel Platzke having passed away and plaintiff Shawn Pressley having discontinued her claims, plaintiff Roberta Little (hereinafter referred to as “plaintiff”) remains the sole proposed class representative in this action. Her allegations substantially mirror the claims at issue in Shanklin v. Wilhelmina Models, Inc. (Index No. 653702/2013) (“Shanklin”)1. Plaintiff asserts substantially the same claims against each defendant. Specifically, defendant exercised significant control over all aspects of Little’s modeling career by (1) requiring her to enter into an exclusive contract or prohibiting her from securing assignments on her own; (2) determining where she would work, for whom, and for how much pay; (3) negotiating the terms and conditions of her assignments and presenting them to her on a take-it-or-leave it basis; (4) discouraging her from turning down any assignments; (5) issuing paychecks to her, determining the form and timing of her pay; (6) controlling her schedule, including requiring her to keep the agency apprised of any planned vacations; and (7) determining the form and content of her promotional images and information (see NYSCEF Doc. No. 41, First Amended Complaint ["FAC"]

45, 141: 145-51 [allegations against Click],

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