JONATHAN GOODMAN, Magistrate Judge.
THIS CAUSE came before the Court on Defendant Juan Lopez's Motion to Dismiss Under Rule 12(b)(6) For Failure to State a Claim Upon Which Relief Can Be Granted (the "Motion"). [ECF No. 12].
The Court has reviewed the Motion, the response [ECF No. 13], the reply [ECF No. 14] and other pertinent portions of the record. For the reasons stated below, the Court
On November 8, 2013, Plaintiff Yader Jose Mendoza ("Plaintiff") filed this action seeking unpaid overtime wages pursuant to the Fair Labor Standards Act ("FLSA"), 29 U.S.C. § 201, et seq. [ECF No. 1]. According to the allegations in the Complaint, Defendant Discount C.V. Joint Rack & Pinion Rebuilding, Inc. ("Discount")
Plaintiff claims that Defendants Discount, Lopez and Torres-Visaez (collectively the "Defendants") willfully and intentionally refused to pay overtime wages as required by the FLSA during the relevant time period. [Id. at ¶ 17]. Although the Complaint does not define the relevant time period, Plaintiff's Statement of Claim designates it as November 8, 2010 through July 14, 2013. [ECF No. 7].
Lopez moved to dismiss the claims against him, arguing he ceased being Plaintiff's employer on October 18, 2010 — when he sold his interest in Discount to Torres-Visaez. [ECF No. 12, ¶ 4]. In support of his argument, Lopez attached a purchase contract evidencing the sale. This contract appears to reflect that Lopez was not Plaintiff's employer during the relevant time period. As a result, Lopez argues that Plaintiff's claims against him are barred by the FLSA's statute of limitations.
In reviewing a motion to dismiss under Rule 12(b)(6), all well-pleaded facts in the plaintiff's complaint and all reasonable inferences drawn from those facts must be taken as true. Jackson v. Okaloosa Cnty., Fla., 21 F.3d 1531, 1534 (11th Cir. 1994). Federal Rule of Civil Procedure 8(a)(2) requires a "short and plain statement of the claim showing that the pleader is entitled to relief." Ashcroft v. Iqbal, 129 U.S. 1937, 1950 (2009) (quoting rule). In determining a motion to dismiss, the court must only look to the four corners of the Complaint and any attached exhibits. Vitola v. Paramount Automated Food Servs. Inc., No. 08-61849, 2009 WL 3242011 at *3 (S.D. Fla. Oct. 6, 2009).
"While a complaint attacked by a Rule 12(b)(6) motion to dismiss does not need detailed factual allegations, a plaintiff's obligation to provide the `grounds' of his `entitle[ment] to relief' requires more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do." Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007). Instead, a plaintiff must plead enough facts to state a plausible basis for the claim. Id. Under Iqbal and Twombly, a plaintiff cannot plead bare-bones factual allegations in his complaint; however, a plaintiff is not required to plead hyper-detailed allegations in order to survive a motion to dismiss either. See, e.g., Ceant v. Aventura Limousine & Transp. Serv., Inc., No. 12-20159-CIV, 2012 WL 2428536, at *3 (S.D. Fla. June 27, 2012) (granting motion to dismiss but noting that "the Court rejects Defendants' call for super detailed factual allegations as to every facet of FLSA coverage.").
Lopez argues that the FLSA's statute of limitations bars Plaintiff's claims against him. Under the FLSA, any cause of action must commence within two years after the cause of action has accrued or within three years if the violation was willful. See 29 U.S.C. § 255(a). An action is deemed "commenced" on the date the Plaintiff files the Complaint. Id. at § 256.
Lopez asserts that he sold his interest in Discount to Torres-Visaez on October 18, 2010. [ECF No. 12, ¶ 4]. If this assertion is accurate, then the claims against Lopez would fall outside of the three year statute of limitations for willful FLSA violations.
Accordingly, it is