Montgomery v. Havner et al

Filing 16

ORDER granting 13 Motion to Dismiss; granting 14 amended Motion to Dismiss. Plaintiff's claim under the FLSA remains. Signed by Judge James M. Moody on 2/10/12. (kpr)

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IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS PINE BLUFF DIVISION LESLIE MONTGOMERY VS. PLAINTIFF NO. 5:11CV00288 JMM KYLE HAVNER, KATHY HAVNER, HAVNER LAW FIRM PA DEFENDANTS ORDER Plaintiff has filed a motion to dismiss and an amended motion to dismiss Counts I and II of her Complaint. Defendants have not responded to the motions. The Court finds that Plaintiff’s motions (Docket # 13 and 14) should be, and hereby are, GRANTED. The Court notes that Plaintiff’s right to re-file the claims against the Defendants is subject to the provisions of Rule 41(d) of the Federal Rules of Civil Procedure. Under Rule 41(d), the Plaintiff may be ordered to pay any costs of this action which the Court deems appropriate if Plaintiff re-files the claims against the Defendants. The motions to dismiss (Docket # 13 and 14) are GRANTED. Plaintiff’s claim under the FLSA remains. IT IS SO ORDERED this 10th day of February, 2012. _____________________________ James M. Moody United States District Judge

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