Chism et al v. Life Strategies of Arkansas LLC

Filing 16

ORDER denying without prejudice 6 Defendant's Motion to Dismiss. Signed by Judge James M. Moody on 2/1/2010. (jct)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS JONESBORO DIVISION THELMA CHISM. and NATHAN WILLIAMS, on behalf of themselves and all other similarly situated employees V. CASE NO. 3:09CV00225 DEFENDANT PLAINTIFFS LIFE STRATEGIES OF ARKANSAS LLC ORDE R Pending is Defendant's motion to dismiss pursuant to Fed. R. Civ. P. 12(b)(6). (Docket # 6). Defendant argues that Plaintiffs' FLSA claim does not meet the pleading requirements of Fed. R. Civ. P. 8(a) and the complaint should be dismissed for failure to state a claim upon which relief can be granted. Plaintiffs have responded and filed an amended complaint. Plaintiffs' amended complaint appears to cure the defects about which Defendant complains. Accordingly, the Defendant's motion to dismiss is denied without prejudice. IT IS SO ORDERED this 1st day of February, 2010. __________________________________________ James M. Moody United States District Judge

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