Ni v. Tian Yu Inc.

U.S. DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
Civil Practice

New York Law Journal

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Magistrate Judge Henry Pitman

Ni worked at defendants' restaurant. His Fair Labor Standards Act suit claimed unpaid minimum and overtime wages. He also alleged claims under New York's Labor Law. Discovery has closed, and the case appears ready for trial. Under Federal Rule of Civil Procedure 15, Ni sought to amend his complaint so as to add Low, Xie and Zhang as plaintiffs, and to substitute—for reasons unexplained—Qiu for Zhao as a defendants. Ni's counsel subsequently filed a related Fair Labor Standards Act action on behalf of Low, Xie and Zhang against Tian Yu Inc. The court denied Ni's amendment motion, concluding that its grant would serve no valid purpose and had the potential for delaying resolution of the original parties' claims. The court found no reason to believe it cheaper or more efficient for Low, Xie and Zhang to pursue their claims as part of Ni's lawsuit rather than as a separate action. Citing Reisner v. Gen. Motors and Presbyterian Church of Sudan v. Talisman Energy, the court noted that Ni offered no explanation for his delay in seeking to amend his complaint. The court emphasized that denial of the complaint's amendment was without prejudice to the claims asserted therein.

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