Jones v. Orlando Rehabilitation Group, Inc.

Filing 16

ORDER denying 11 motion to dismiss. Defendant is DIRECTED to file its Answer to the Complaint on or before October 31, 2014. Signed by Judge Roy B. Dalton, Jr. on 10/14/2014. (VMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
TARRALYN JONES,
Plaintiff,
v.

Case No. 6:14-cv-1311-Orl-37DAB

ORLANDO REHABILITATION GROUP,
INC. d/b/a ORLANDO HEALTH &
REHABILITATION CENTER,
Defendant.
ORDER
This cause is before the Court on the following:
1. Defendant Orlando Rehabilitation Group, Inc., d/b/a Orlando Health and
Rehabilitation Center’s Motion to Dismiss and Incorporated Memorandum of
Law (Doc. 11), filed September 5, 2014; and
2. Plaintiff’s Response to Defendant’s Motion to Dismiss (Doc. 12), filed
September 20, 2014.
Plaintiff Tarralyn Jones initiated this Fair Labor Standards Act (“FLSA”) action
against her former employer, Defendant Orlando Rehabilitation Group, Inc., d/b/a
Orlando Health and Rehabilitation Center to recover allegedly unpaid overtime on her
own behalf (Doc. 1, ¶¶ 9–17 (“Count I”)), and on behalf of other employees of
Defendant (id. ¶¶ 18–27 (“Count II”)). Defendant moved to dismiss the Complaint
(Doc. 11), and Plaintiff responded (Doc. 12).
Defendant argues that the Court should dismiss Plaintiff’s five-page Complaint
because it merely paraphrases the FLSA and provides insufficient factual allegations to

support her overtime and collective action claims. (Doc. 11.) Plaintiff counters that her
allegations provide Defendant with sufficient information concerning her employment,
and she has no obligation to specify in her Complaint the hours she worked or the dates
of Defendant’s alleged FLSA violations. (Doc. 12.) To avoid dismissal under Rule
12(b)(6), Plaintiff must allege sufficient facts to “state a claim to relief that is plausible on
its face.” Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007); Ashcroft v. Iqbal, 556
U.S. 662, 678 (2009). Plaintiff has met this standard; thus, the motion is due to be
denied.
CONCLUSION
It is hereby ORDERED AND ADJUDGED:
1.

Defendant Orlando Rehabilitation Group, Inc., d/b/a Orlando Health and
Rehabilitation Center’s Motion to Dismiss and Incorporated Memorandum
of Law (Doc. 11) is DENIED.

2.

Defendant is DIRECTED to file its Answer to the Complaint on or before
October 31, 2014.

DONE AND ORDERED in Chambers in Orlando, Florida, on October 14, 2014.

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Copies:
Counsel of Record

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