Filed: Mar. 20, 2012
Latest Update: Mar. 20, 2012
Summary: ORDER L. FELIPE RESTREPO, Magistrate Judge. AND NOW , this 20th day of March, 2012, having considered the Motion of Defendants, Tri-State Drywall, Inc. and Dean Ganoudis, to Dismiss Counts I, III, and IV of the First Amended Complaint, and to Dismiss Count II of the First Amended Complaint to the Extent that it Seeks Unpaid Overtime Compensation (Doc. 13), Plaintiff's Response in Opposition thereto (Doc. 14), and Defendants' Reply (Doc. 15), and for the reasons set forth in the accompanying M
Summary: ORDER L. FELIPE RESTREPO, Magistrate Judge. AND NOW , this 20th day of March, 2012, having considered the Motion of Defendants, Tri-State Drywall, Inc. and Dean Ganoudis, to Dismiss Counts I, III, and IV of the First Amended Complaint, and to Dismiss Count II of the First Amended Complaint to the Extent that it Seeks Unpaid Overtime Compensation (Doc. 13), Plaintiff's Response in Opposition thereto (Doc. 14), and Defendants' Reply (Doc. 15), and for the reasons set forth in the accompanying Me..
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ORDER
L. FELIPE RESTREPO, Magistrate Judge.
AND NOW, this 20th day of March, 2012, having considered the Motion of Defendants, Tri-State Drywall, Inc. and Dean Ganoudis, to Dismiss Counts I, III, and IV of the First Amended Complaint, and to Dismiss Count II of the First Amended Complaint to the Extent that it Seeks Unpaid Overtime Compensation (Doc. 13), Plaintiff's Response in Opposition thereto (Doc. 14), and Defendants' Reply (Doc. 15), and for the reasons set forth in the accompanying Memorandum, it is hereby ORDERED that:
1. Tri-State's motion to dismiss Count I of the Complaint, Plaintiff's claim under the FLSA, with prejudice, for failure to state a claim upon which relief can be granted is GRANTED;
2. The court will decline to exercise jurisdiction over Plaintiff's remaining state law claims, and those claims are DISMISSED without prejudice to pursue any appropriate claims in state court.
