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Ramirez v. Marriott Int'l Inc.

Hoteliers' Alleged Retention of Delivery, Service Fees for Room-Service Survives Dismissal

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MEMORANDUM OPINION AND ORDER Humberto Ramirez (“Plaintiff”), individually and on behalf of all others similarly situated, brings this action against Marriott International, Inc. and The Ritz-Carlton Hotel Company, LLC (together, “Defendants”). Plaintiff alleges, inter alia, that Defendants have engaged, and continue to engage, in a practice of retaining proceeds from service and delivery fees charged to in-room dining customers in violation of New York Labor Law (“NYLL”) §196-d. Plaintiff commenced this action on March 18, 2020. (Doc. 1). He filed his First Amended Complaint on April 17, 2020 (Doc. 8), and his Second Amended Complaint — the operative pleading — on July 9, 2020. (Doc. 32, “SAC”). On December 18, 2020, Defendants moved to partially dismiss the SAC. Specifically, Defendants moved to dismiss Plaintiff’s Fourth Claim for Relief under NYLL §196-d. (Doc. 43; Doc. 44, “Defs. Br.”; Doc. 45, “Peter Decl.”; Doc. 45-1, “Peter Decl., Ex. A”; Doc. 45-2, “Peter Decl. Ex. B”; Doc. 46, “Dangler Decl.”; Doc. 46-1, “Dangler Decl., Ex. A”). Because the motion was “bundled,” Plaintiff’s opposition and Defendants’ reply brief were also filed on December 18, 2020. (Doc. 42, “Pl. Opp.”; Doc. 47, “Defs. Reply”). For the following reasons, Defendants’ partial motion to dismiss is DENIED. BACKGROUND Defendants operate a chain of hotels, restaurants, and resorts throughout the United States. (SAC 33). This includes the Ritz-Carlton, Westchester (“RCW”), located in White Plains, New York. (Id.). Plaintiff was employed by Defendants as an in-room dining server at RCW from 2015 through November 2019. (Id.

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