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Winfield v. Citibank, N.A.

United States District Court for the Southern District of New York

January 27, 2012, Decided; January 30, 2012, Filed

10 Civ. 7304 (JGK)



JOHN G. KOELTL, District Judge:

The plaintiffs, Frederick L. Winfield, Zulma G. Muniz, James Steffensen, and Adoram Shen ("the plaintiffs"), bring this purported class action on behalf of themselves and all others similarly situated against the defendant, Citibank, N.A. ("the defendant"). The plaintiffs  [**2] are personal bankers who were previously employed by the defendant. They were classified as "non-exempt" employees and therefore eligible for overtime payments under federal and state laws but claim that they were not paid overtime for which they should have been paid. The plaintiffs bring claims under the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. § 1001 et seq., the Fair Labor Standards Act ("FLSA"), 29 U.S.C. § 201 et seq., and various state laws. The defendant now moves to dismiss the plaintiffs' ERISA claims; to dismiss plaintiff Shen's claim under California law and to strike the allegations asserted in that claim; and to strike the plaintiffs' claims for injunctive relief.

 [*564]  I.

] In deciding a motion to dismiss pursuant to Rule 12(b)(6), the allegations in the complaint are accepted as true, and all reasonable inferences must be drawn in the plaintiff's favor. McCarthy v. Dun & Bradstreet Corp., 482 F.3d 184, 191 (2d Cir. 2007). The Court's function on a motion to dismiss is "not to weigh the evidence that might be presented at a trial but merely to determine whether the complaint itself is legally sufficient." Goldman v. Belden, 754 F.2d 1059, 1067 (2d Cir. 1985).  [**3] The Court should not dismiss the complaint if the plaintiff has stated "enough facts to state a claim to relief that is plausible on its face." Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570, 127 S. Ct. 1955, 167 L. Ed. 2d 929 (2007). "A claim has facial plausibility when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged." Ashcroft v. Iqbal, 556 U.S. 662, 129 S. Ct. 1937, 1949, 173 L. Ed. 2d 868 (2009). While the Court should construe the factual allegations in the light most favorable to the plaintiff, "the tenet that a court must accept as true all of the allegations contained in the complaint is inapplicable to legal conclusions." Id.

] When presented with a motion to dismiss pursuant to Rule 12(b)(6), the Court may consider documents that are referenced in the complaint, documents that the plaintiff relied on in bringing suit and that are either in the plaintiff's possession or that the plaintiff knew of when bringing suit, or matters of which judicial notice may be taken. See Chambers v. Time Warner, Inc., 282 F.3d 147, 153 (2d Cir. 2002); see also Taylor v. Vt. Dep't of Educ., 313 F.3d 768, 776 (2d Cir. 2002); Cortec Indus., Inc. v. Sum Holding L.P., 949 F.2d 42, 47-48 (2d Cir. 1991);  [**4] Kramer v. Time Warner, Inc., 937 F.2d 767, 773 (2d Cir. 1991).

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842 F. Supp. 2d 560 *; 2012 U.S. Dist. LEXIS 10808 **; 52 Employee Benefits Cas. (BNA) 1488; 2012 WL 266887

FREDERICK L. WINFIELD, ZULMA G. MUNIZ, JAMES STEFFENSEN and ADORAM SHEN, Individually and On Behalf of All Others Similarly Situated, Plaintiffs, - against - CITIBANK, N.A., Defendant.

Subsequent History: Motion to strike denied by, Without prejudice, Motion granted by, Request denied by, Without prejudice Winfield v. Citibank, N.A., 2012 U.S. Dist. LEXIS 16449 (S.D.N.Y., Jan. 27, 2012)

Prior History: Winfield v. Citibank, N.A., 2011 U.S. Dist. LEXIS 40065 (S.D.N.Y., Apr. 13, 2011)


benefits, employees, plaintiffs', class certification, hours worked, record-keeping, overtime, records, eligible, fiduciary, purported, breach of fiduciary duty, number of hours, allegations, calculation, contributions, fiduciary duty, crediting, discovery, injunctive relief, defense motion, abstention, administrative remedy, motion to dismiss, monetary, exhaust, equitable relief, district court, cases, plans

Civil Procedure, Defenses, Demurrers & Objections, Motions to Dismiss, Failure to State Claim, Business & Corporate Compliance, Pensions & Benefits Law, ERISA, Recordkeeping Duties, Pensions & Benefits Law, Remedies, Equitable Relief, General Overview, Civil Litigation, Causes of Action, Fiduciaries, Fiduciary Responsibilities, Duty of Loyalty, Breach of Fiduciary Duty, Preliminary Considerations, Federal & State Interrelationships, Abstention, Special Proceedings, Class Actions, Certification of Classes, Motions to Strike, Constitutional Law, Case or Controversy, Standing, Particular Parties, Justiciability