Free Motion to Dismiss - District Court of Connecticut - Connecticut

f L Case 3:03-cv-0101 1-AWT Document 86 Filed 10/28/2005 Page 1 of 3
_ UNITED STATES DISTRICT COURT
. DISTRICT OF CONNECTICUT
I NICHOLAS CAGGIANIELLO, NEIL CASE NO. 303CVl0l l(AW I )
. HOWARD and THOMAS FALCO, on :
behalf of themselves and all other similarly : `
situated employees of FSG PrivatAir, Inc. :
_ _ PLAIN TIFFS,
VS. :
- FSG PRIVATAIR, INC. and in their
individual and official capacities DAVID C. :
HURLEY, HUGH F. REGAN, THOMAS H. :
MILLER and THOMAS L. CONNELLY :
¤ DEFENDANTS. OCTOBER 27, 2005

I . Defendants FSG PrivatAir, Inc. (“PrivatAir”), David Hurley, Hugh F. Regan, Thomas H.
Miller and Thomas L. Comielly, by their attomey, submit their Second Renewed Motion to Dismiss
— the above-entitled action pursuant to Federal Rule of Civil Procedure ("F.R.C.P.”) l2 (b)(l) on the I
ground that the court does not have subject matter jurisdiction over the Fair Labor Standards Act
("FLSA") claims asserted by the Plaintiffs. The Court denied Defendants’ original Motion to
. Dismiss at oral argument on October 9, 2004 and its Renewed Motion to Dismiss without prejudice
pursuant to an Order dated March 16, 2005. The Court ordered the parties to conduct discovery on I
subject matter jurisdiction in contemplation of the filing of this Second Renewed Motion to
Dismiss.
ORAL ARGUMENT REQUESTED
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Case 3:03-cv—01 01 1-AWT Document 86 Filed 10/28/2005 Page 2 of 3
. Defendants submit the attached memorandum of law in support of their Second Renewed
Motion to Dismiss.
Respectfully Submitted,
T F NDANTS_
By:
Joseph C. M a, Esq. ct/ 17742
Russell]. S eting, Esq. ct/24877
Maya & Associates, P. C.
266 Post Road East
Westport, CT 06880
Telephone: (203) 221-3100
8 Fax No: (203) 221-3199
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Case 3:03-cv-0101 1-AWT Document 86 Filed 10/28/2005 Page 3 of 3

This is to certify that a copy of the foregoing was mailed this 27th day of October 2005 to:
James T. Baldwin, Esq.
. John Kaiser, Esq. .
Coles, Baldwin & Craft, LLC
1261 Post Road, P.O. Box 577
Fairfield, CT 06824
1 Russell J. Sweetini é
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