The opinion
UNITED STATES DISTRICT COURT CLERK
EASTERN DISTRICT OF NEW YORK 6/16/2021 4: 35 pm
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EUGENE SCALIA, Secretary of Labor, United States EASTERN DISTRICT OF NEW YORK
Department of Labor, LONG ISLAND OFFICE
Plaintiff, ORDER
Civ. No. 20-cv-05087(GRB)(JMW)
-against-
TOP NOTCH HOME DESIGNS CORP. d/b/a TOP
NOTCH, and LEONIDIS “LUIS” PRIFTAKIS,
Individually and as Owner,
Defendant.
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WICKS, Magistrate Judge:
Plaintiff, Eugene Scalia, Secretary of Labor, United States Department of Labor, initially
commenced this action under Section 17 of the Fair Labor Standards Act of 1938, as amended, 29
U.S.C. § 217, 29 U.S.C. §201, et seq. (“FSLA”) to enjoin Defendants Top Notch Home Designs
Corp. d/b/a Top Notch and Leonidis “Luis” Priftakis, from interfering with and obstructing the
Secretary of Labor’s investigation of violations of the FLSA, and from retaliating against
cooperating employees. To this effect, District Judge Brown “so ordered” Plaintiff’s proposed
preliminary injunction on October 29, 2020 and revised preliminary injunction on November 10,
2020 (DE 10 and DE 14, respectively).
Plaintiff now seeks to amend the Complaint based on additional information that was
obtained through the investigations that took place after the Preliminary Injunctions were granted,
regarding back wages and liquidated damages (DE 24). In addition to the previously pled causes
of action for Obstruction of the Secretary’s Investigation in Violation of the FLSA and Retaliation
Against Employees in Violation of the FLSA, Plaintiff’s proposed Amended Complaint pleads
additional causes of action under the FLSA for violations of sections 7(a) and 15(a)(2) (failure to
pay overtime), and sections 11(c) and 15(a)(5) (failure to keep required employment records). The
deadline for motions to join new parties or amend pleadings is August 2, 2021 (DE 5/14/21).
Although Plaintiff’s motion states that Defendants do not consent to the filing of the amended
complaint, Defendants did not oppose Plaintiff’s motion (DE 24).
Motions to amend pleadings are generally governed by Federal Rule of Civil Procedure
15(a). Pursuant to Fed. R. Civ. P. 15(a)(2), “The court shall freely give leave when justice so
requires.” “Unless there is a showing of bad faith, undue delay, futility or undue prejudice to the
non-moving parties, the district court should grant leave to amend.” Adlife Mktg. & Commc’ns Co.
v. Best Yet Mkt., Inc., No. 17-CV-02987 (ADS) (ARL) 2018 WL 4568801, at *1 (E.D.N.Y. Sept.
24, 2018) (citing Forman v. Davis, 371 U.S. 178, 182 (1962)); see also Milanese v. Rust-Oleum
Corp., 244 F.3d 104, 110 (2d Cir. 2001). The party opposing the proposed amended pleading has
the burden of establishing that amendment would be prejudicial or futile. Jipeng Du v. Wan Sang
Chow, No. 18-CV-01692 (ADS) (AKT) 2019 WL 3767536, at *4 (E.D.N.Y. Aug. 9,
2019)(internal quotations and citations omitted). The moving party must attach the proposed
amended complaint to the motion, specifying the new claims and/or parties intended to be added.
Nabatkhorian v. County of Nassau, No. 12-CV-1118 (JS) (GRB) 2012 WL 13113646, at *1
(E.D.N.Y. Aug. 9, 2012).
Plaintiff is well within the August 2, 2021 deadline (DE 5/14/21) to move for leave to
amend pleadings in this matter and properly attached a proposed Amended Complaint to his
motion. Minimal discovery has been exchanged and no party has taken depositions. From the
outset of this action, Plaintiff’s intention to serve an Amended Complaint has been clear. The
Complaint asserted that Defendants were violating Sections 11 and 15 of the FLSA, alleged that
Defendant was obstructing the investigations into these claims, and sought related injunctive relief
in order to obtain necessary information to properly plead said FLSA violations. Moreover, in the
May 13, 2021 joint motion to adjourn the settlement conference (DE 23), Plaintiff expressly stated
that he would be moving to amend the Complaint for exactly these reasons. There is no surprise
that the additional causes of action are directly related to the information that Plaintiff obtained as
a result of the investigations that were conducted after this Court ordered the preliminary
injunctions. Plaintiff has made no showing of bad faith, undue delay, futility or undue prejudice
to Defendants. Therefore, Plaintiff’s unopposed Motion to Amend the Complaint is hereby
granted. Plaintiff is directed to file the Amended Complaint within 30 days of the date of this
Order.
Finally, Plaintiff, former Secretary of Labor, Eugene Scalia, has been substituted by
Secretary of Labor, Martin J. Walsh, pursuant to Fed. R. Civ. P. 25(d). Accordingly, it is hereby
Ordered that the caption for this matter be amended as set forth in Plaintiff’s proposed Amended
Complaint, with the footnote removed, and the Clerk of the Court reflect this on the docket.
Dated: Central Islip, New York
June 16, 2021
S O O R D E R E D:
James M. Wicks _
/S/
JAMES M. WICKS
United States Magistrate Judge