Ross v. JH Industry, Inc. et al

Filing 19

MEMORANDUM OPINION AND ORDER: it is ORDERED that dft JH Industry, Inc.'s 9 motion to dismiss the plf's Fair Labor Standards Act claim and dfts Robert Clopp and Walter Graben's 11 motion to dismiss be and are hereby GRANTED and t he plf's Fair Labor Standard Act claim be and is hereby DISMISSED; further ORDERED that dfts Clopp and Graben be and are hereby DISMISSED as dfts in this action. Signed by Honorable Judge Charles S. Coody on 8/2/2017. (Attachments: # 1 Civil Appeals Checklist) (wcl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
EASTERN DIVISION
SHARDAE ROSS,

)
)
Plaintiff,
)
)
v.
) CIVIL ACT. NO. 3:17cv394-CSC
)
(WO)
JH INDUSTRY, INC. d/b/a WOOSHIN )
USA, ROBERT CLOPP, and WALTER )
GRABEN,
)
)
Defendants.
)
MEMORANDUM OPINION and ORDER
In her complaint, plaintiff Shardae Ross (“Ross”) alleges that she was discriminated
against and retaliated against based on her sex in violation of Title VII of the Civil Rights Act
of 1964, as amended, 42 U.S.C. § 2000e, et seq. (“Title VII”), and the Equal Pay Act, 29 U.S.C.
§ 206(d). She also alleges that she was denied compensation in violation of the Fair Labor
Standards Act, 29 U.S.C. § 201, et seq. The court has jurisdiction of the plaintiff’s claims
pursuant to its federal question jurisdiction, 28 U.S.C. § 1331, and the jurisdictional grant in 28
U.S.C. § 2000e-5. Pursuant to 28 U.S.C. § 636(c)(1) and M.D. Ala. LR 73.1, the parties have
consented to a United States Magistrate Judge conducting all proceedings in this case and
ordering the entry of final judgment.
On July 17, 2017, defendant JH Industry, Inc. filed a motion to dismiss the plaintiff’s
Fair Labor Standards Act claim (doc. # 9). Defendants Robert Clopp and Walter Graben also
filed a motion to dismiss (doc. # 11) asserting that the plaintiff’s claims against them fail as a

matter of law.
On August 1, 2017, the plaintiff filed a response to the pending motions to dismiss and
conceded that her Fair Labor Standards Act claims and defendants Clopp and Graben were due
to be dismissed. (Doc. # 16).
Accordingly, it is
ORDERED that defendant JH Industry, Inc.’s motion to dismiss the plaintiff’s Fair Labor
Standards Act claim (doc. # 9) and defendants Robert Clopp and Walter Graben’s motion to
dismiss (doc. # 11) be and are hereby GRANTED and the plaintiff’s Fair Labor Standard Act
claim be and is hereby DISMISSED. It is further
ORDERED that defendants Clopp and Graben be and are hereby DISMISSED as
defendants in this action.
Done this 2nd day of August, 2017.

/s/Charles S. Coody
CHARLES S. COODY
UNITED STATES MAGISTRATE JUDGE

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