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Hosseini v. Miilkiina LLC

FLSA Unpaid Wages, Overtime Claims Improperly Used to Recoup Unpaid Contractual Wages

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OPINION AND ORDER Plaintiff Maryam Davani Hosseini (“Hosseini” or “Plaintiff”) brings this action against Defendants Miilkiina LLC (“Miilkiina”) and Nadia Azmy (“Azmy”, and with Miilkiina, “Defendants”), alleging violations of the Fair Labor Standards Act of 1938 (“FLSA”), 28 U.S.C. §§201 et seq., and New York Labor Law (“NYLL”), and breaches of contract, the covenant of good faith and fair dealing, and fiduciary duty under New York state law. Dkt. No. 1 (“Complaint” or “Compl.”). Plaintiff now moves for default judgment pursuant to Federal Rule of Civil Procedure 55(b). Dkt. No. 33. For the following reasons, the motion for a default judgment is denied. BACKGROUND The following facts are drawn from Plaintiff’s Complaint, Plaintiff’s Declaration in Support of Request for a Default Judgment, Dkt. No. 34 (“Hosseini Decl.”),1 and Jacob Aronauer’s Declaration in Support of Request for a Default Judgment, Dkt. No. 35 (“Aronauer Decl.”). Miilkiina is a New-York based “creative agency and multimedia platform.” Compl.

16-17. Azmy is the CEO of Miilkiina and has been the CEO of Miilkiina since its inception. Id. 13. Plaintiff graduated from the Parsons School of Design at the New School in 2012 with a bachelor’s degree in business administration and has 12 years of creative and brand strategy experience, both in the United States and abroad. Hosseini Decl.

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