17‐2497‐cv Lucia Lopez Catzin v. Thank You & Good Luck Corp. In the United States Court of Appeals For the Second Circuit August Term 2017 No. 17‐2497‐cv LUCIA LOPEZ CATZIN, individually and on behalf of others similarly situated, SILVIA VILLANO CLEMENTE, and YADIRA AGUILAR‐CANO, Plaintiffs‐Appellants, v. THANK YOU & GOOD LUCK CORP. and ZENG LAN WANG, Defendants‐Cross‐ Defendants‐Appellees, IGOR BIRZH, EXCLUSIVE MANAGEMENT SOLUTION GROUP, INC., DIMITRI BEREZOVSKY, and 115th STREET AND FIRST AVE LAUNDROMAT INC., Defendants‐Appellees, OFF‐BROADWAY LAUNDROMAT INC. and 2167 3rd AVE LAUNDROMAT LLC, Defendants‐Cross‐ Claimants‐Appellees. 1 17‐2497‐cv Lucia Lopez Catzin v. Thank You & Good Luck Corp. Appeal from the United States District Court for the Southern District of New York No. 15 Civ. 7109 (KBF), Katherine B. Forrest, District Judge, Presiding. (Argued: February 14, 2018; Decided: August 8, 2018) Before: PARKER, HALL, and LOHIER, Circuit Judges. Plaintiffs, several laundromat workers, brought this action against their employers under the Fair Labor Standards Act, 29 U.S.C. ' 201, et seq. and the New York Labor Law, ' 190 et seq., alleging that their employers failed to pay plaintiffs the minimum wage, overtime, and violated other requirements of the wage‐and‐hour laws. After discovery and resolution of the parties= cross motions for summary judgment, the case was proceeding to trial on various federal‐law and state‐law claims. The day before the final pretrial conference and one week prior to the first day of trial, the District Court (Forrest, J.) sua sponte, and without notice to the parties or any opportunity to be heard, issued an order revoking its exercise of supplemental jurisdiction, vacating the trial, and dismissing the case. We conclude the District Court erred in refusing to exercise supplemental jurisdiction under the circumstances. VACATED AND REMANDED. Michael Taubenfeld, Fisher Taubenfeld LLP, New York, N.Y., for appellants Lucia Lopez Catzin, Silvia Villano Clemente, and Yadira Aguilar‐Cano. Mark R. Kook, Law Office of Mark R. Kook, New York, N.Y., for appellees Igor Birzh, Exclusive Management Solution Group, Inc., and Dimitri Berezovsky. 2 17‐2497‐cv Lucia Lopez Catzin v. Thank You & Good Luck Corp. Oleg A. Mestechkin (Wing K. Chieu, on the brief), Mestechkin Law Group P.C., New York, N.Y., for appellees Off‐Broadway Laundromat, Inc., 2167 3rd Ave Laundromat LLC, and 115th Street and First Ave Laundromat Inc. BARRINGTON D. PARKER, Circuit Judge: This appeal from an order of the United States District Court for the Southern District of New York (Forrest, J.) requires us to decide whether the District Court properly sua sponte declined to exercise supplemental jurisdiction over plaintiffs= state‐law claims and dismissed the case without affording the parties notice or an opportunity to be heard. Plaintiffs, several low‐wage laundromat workers, sued their employers under the Fair Labor Standards Act (AFLSA@), 29 U.S.C. ' 201 et seq., and the New York Labor Law (ANYLL@), ' 190 et seq., alleging that their employers failed to pay plaintiffs the minimum wage, overtime, and failed to provide various required wage notices and statements. The case was litigated for nearly two years, through discovery and summary ...
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