Li v. Regency Health Care, Inc. ( 2022 )

USDC SDNY UNITED STATES DISTRICT COURT DOCUMENT SOUTHERN DISTRICT OF NEW YORK ELECTRONICALLY FILED Yaoxiao Li, on behalf of herself and others DOC #: — similarly situated, DATE FILED: __9/13/2022 _ Plaintiff, -against- 22 Civ. 2850 (AT) Regency Health Care, Inc., d/b/a Regency ORDER Healthcare Inc. d/b/a The Regency of Boro Park L.H.C.S.A., Mark Moskowitz, Ethan Moskowitz, Erika Toledo, Defendants. ANALISA TORRES, District Judge: Plaintiff, Yaoxiao Li, brings this action on behalf of herself and other similarly situated employees against Defendants for alleged violations of the Fair Labor Standards Act (“FLSA”), 29 U.S.C. §§ 201 ef seq., and the New York Labor Law, N.Y. Lab. L. §§ 190 ef seq., 650 et seg. ECF No. 1-1 §§ 1, 57-102. Plaintiff originally filed this action in Supreme Court, New York County, on December 30, 2021. See id. Defendants removed the action to this Court on April 6, 2022. ECF No. 1. On April 21, 2022, Defendants filed an answer to the complaint. ECF No. 9. On August 17, 2022, Defendants informed the Court that Plaintiff requested Defendants’ consent to file an amended complaint. ECF No. 17. The proposed amended complaint would withdraw all claims under the FLSA, which gave this Court federal question subject matter jurisdiction over Plaintiff’s claims. □□□ Defendants stated, “[I]n the event this Court permits Plaintiff to file the amended complaint, this matter should be remanded upon filing of the amended complaint.” Jd. On August 18, 2022, the Court ordered Plaintiff to file an amended complaint. ECF No. 19. On September 2, 2022, Plaintiff did so. ECF No. 22. The amended complaint does not contain any FLSA claims or any other basis that could support subject matter jurisdiction in this action. See generally id. “If subject matter jurisdiction is lacking ...the court has the duty to dismiss the action sua sponte.” Durant, Nichols, Houston, Hodgson & Cortese-Costa P.C. v. Dupont, 565 F.3d 56, 62 (2d Cir. 2009). The Court concludes that it lacks subject matter jurisdiction. Accordingly, the matter is REMANDED, and the Clerk of Court is directed to remand the case to Supreme Court, New York County, and close the case. SO ORDERED. Dated: September 13, 2022 New York, New York ANALISA TORRES United States District Judge