Tapia et al v. Mason

Filing 20

ORDER denying 17 Defendant's Motion to Dismiss by Judge Richard P. Matsch on 08/16/10.(jjh, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Senior District Judge Richard P. Matsch Civil Action No. 10-cv-00602-RPM MANUEL GALARZA TAPIA, RAMON CARRILLO GOMEZ, TRINIDAD MAGANA, JOSE LUIS FLORES HERNANDEZ, and RAMON M. ORNELAS, Plaintiff, v. ZACK MASON, d/b/a ZACH MASON FARMS, Defendant _____________________________________________________________________ ORDER DENYING DEFENDANT'S MOTION TO DISMISS _____________________________________________________________________
On July 22, 2010, the defendant filed a motion to dismiss the First Amended Complaint [17] in its entirety, with a supporting memorandum of law. The plaintiffs filed their response on August 13, 2010. The allegations of the First Amended Complaint are sufficient to state claims for relief for violations of the Migrant and Seasonal Agricultural Worker Protection Act, remedial under 29 U.S.C. § 1854. Whether the other claims for relief on the theory of third-party beneficiary contracts and Colorado law are legally appropriate are not issues to be resolved on a motion to dismiss under Fed.R.Civ.P 12(b)(6), given that this case should go forward under the AWPA. Accordingly, it is ORDERED that the defendant's motion to dismiss is denied. DATED: August 16th, 2010 BY THE COURT: s/Richard P. Matsch __________________________ Richard P. Matsch, Senior Judge