Grenawalt et al v. AT&T Mobility LLC et al, No. 1:2011cv02664 - Document 181 (S.D.N.Y. 2013)

Court Description: OPINION AND ORDER: AT&T's motion for summary judgment dismissing Plaintiffs' FLSA and NYLL claims (Dkt. NO. 165) is GRANTED. AT&T's motion to dismiss Plaintiffs' NYLL claims on jurisdictional grounds (Dkt. No. 165) is DENIED as mo ot. Gladius and Centuria's motions to compel arbitration and dismiss the complaint(Dkt. Nos. 169,171) are GRANTED. Gladius's cross-motions for summary judgment against the A-O Defendants and against Plaintiffs are DENIED as these claims wil l be decided in arbitration. A-O's cross -claims against Gladius are dismissed without prejudice. As to their third-party beneficiary status and successor-in-interest liability claims against Gladius and Centuria, respectively, Plaintiffs' motions for summary judgment (Dkt. No. 150) are DENIED as these claims will be decided in arbitration. Plaintiffs' motion for summary judgment against AT&T is DENIED. Plaintiffs' motion for class certification is DENIED as moot. The Clerk of Court is respectfully directed to close this case and to enter judgment in accordance with this Order. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 3/28/2013) (Attachments: # 1 part 2)(rsh)