Ballard et al v. Covington County Commission et al

Filing 41

ORDER; (1) Defendant Dennis Meeks's motion to dismiss 2 and defendants Lynn Sasser and Covington County Commission's motion to dismiss 5 are granted as further set out; (2) Said motions are granted as to plaintiffs Ballard and Ireland&# 039;s state claims against defendant Sasser in his official capacity, as further set out; (3) Said motions are granted as to plaintiff Ireland's state claims against defendant Covington County Commission, as further set out; (4) Said motions are denied without prejudice in all other respects as further set out. Signed by Honorable Myron H. Thompson on 9/13/2010. (Attachments: # 1 Civil Appeals Checklist)(jg, )

Ballard et al v. Covington County Commission et al

Doc. 41

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION JASON BALLARD and NICOLAS IRELAND, on behalf of themselves and all others similarly situated, Plaintiffs, v. COVINGTON COUNTY COMMISSION, et al., Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ORDER It is ORDERED as follows: (1) Defendant Dennis Meeks's motion to dismiss (Doc. No. 2) and defendants Lynn Sasser and Covington County Commission's motion to dismiss (Doc. No. 5) are granted as to plaintiffs Jason Ballard and Nicolas Ireland's claim under the Fair Labor Standards Act, 29 U.S.C. §§ 201-219, against defendant Sasser in his official capacity, as duplicative of the same claim against defendant Covington County Commission. Plaintiffs Ballard and Ireland do not contest this issue.

CIVIL ACTION NO. 2:09cv1156-MHT (WO)

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(2) Said motions are granted as to plaintiffs Ballard and Ireland's state claims against defendant Sasser in his official capacity, as duplicative of the same claims against defendant Covington County

Commission.

Plaintiffs Ballard and Ireland do not

contest this issue. (3) Said motions are granted as to plaintiff Ireland's state claims against defendant Covington County to

Commission

because

plaintiff

Ireland

failed

provide it with pre-lawsuit notice of the claims. Plaintiff Ireland concedes this issue. (4) Said motions are denied without prejudice in all other respects. The court will address the

remaining issues in these motions when it resolves the pending motions for summary judgment. DONE, this the 13th day of September, 2010.

/s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE