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)

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