Duran v. Bay Inn & Suites, L.L.C. of Foley et al

Filing 49

ORDER granting 46 Motion to Dismiss. The plaintiff's FLSA claims are dismissed with prejudice. His claim for breach of contract is dismissed without prejudice. Signed by Chief Judge William H. Steele on 3/11/2013. (tgw)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
JOHN DURAN,
Plaintiff,
v.
BAY INN & SUITES, L.L.C., etc., et al.,
Defendants.

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) CIVIL ACTION 12-0310-WS-N
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ORDER
This matter is before the Court on the defendants’ motion to dismiss. (Doc. 46).
The defendants argue that the plaintiff previously settled his FLSA claims, under the
supervision of the Department of Labor. The plaintiff agrees that “it appears that the
Plaintiff released and/or waived all of his claims pursuant to the Fair Labor Standards Act
by entering into a settlement agreement negotiated by the Department of Labor” and that
“[i]t appears that the Defendants honored the terms of said agreement.” (Doc. 44 at 1).
The plaintiff’s admission is by itself sufficient to require that the defendants’ motion be
granted. Moreover, the documents submitted by the defendants confirm the accuracy of
the plaintiff’s admission. (Doc. 32, Exhibit 1).1
Subject matter jurisdiction is based exclusively on the presence of a federal
question. (Doc. 1 at 2). The Court has supplemental jurisdiction over the plaintiff’s state
claim for breach of contract, but it “may decline to exercise supplemental jurisdiction …
if … [it] has dismissed all claims over which it has original jurisdiction.” 28 U.S.C. §
1367(c)(3). The Court so exercises its discretion.

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See Day v. Taylor, 400 F.3d 1272, 1276 (11th Cir. 2005) (a court may consider
documents beyond the pleadings on a motion to dismiss if they are central to the plaintiff’s claim
and their authenticity is unchallenged).

For the reasons set forth above, the motion to dismiss is granted. The plaintiff’s
FLSA claims are dismissed with prejudice. His claim for breach of contract is
dismissed without prejudice.
DONE and ORDERED this 11th day of March, 2013.

s/ WILLIAM H. STEELE
CHIEF UNITED STATES DISTRICT JUDGE

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