Toro v. Acme Barricades, L.C.

Filing 23

ORDER adopting 20 REPORT AND RECOMMENDATIONS re 11 MOTION to Dismiss Plaintiff's Complaint or Motion for More Definite Statement filed by Acme Barricades, L.C. Signed by Judge Anne C. Conway on 2/16/2021. (copies mailed/emailed)(AKC)

Case 6:20-cv-01867-ACC-LRH Document 23 Filed 02/16/21 Page 1 of 2 PageID 108

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION

HECTOR TORO,
Plaintiff,
v.

Case No: 6:20-cv-1867-ACC-LRH

ACME BARRICADES, L.C.,
Defendant.
ORDER
This cause comes before the Court on Defendant Acme Barricades L.C.’s
Motion to Dismiss Plaintiff’s Complaint or, in the Alternative, Motion for More
Definite Statement. (Doc. 11). On October 9, 2020, Plaintiff Hector Toro filed a twocount complaint against Defendant Acme Barricades, L.C., alleging a violation of
the Families First Coronavirus Response Act and the Emergency Paid Sick Leave
Act, as well as a retaliation claim.1 (Doc. 1); see 29 C.F.R. §§ 826.20, 826.150.
On November 5, 2020, Defendant filed its Motion to Dismiss, which was
referred to Magistrate Judge Hoffman who, on January 28, 2021, submitted a report
recommending that the Motion to Dismiss be granted and Plaintiff be permitted to
file an amended complaint. (Doc. 20). Neither party has filed an objection to the

1

Plaintiff’s claims both arise under the Fair Labor Standards Act (“FLSA”) because an
employer’s failure to provide paid sick leave under the Emergency Paid Sick Leave Act is
considered a failure to provide minimum wage in violation of the FLSA, 29 U.S.C. § 206, and the
claim as well as the retaliation claim are enforced under the FLSA. 29 C.F.R. § 826.150(b)(1).

Case 6:20-cv-01867-ACC-LRH Document 23 Filed 02/16/21 Page 2 of 2 PageID 109

Report and Recommendation. Instead, Plaintiff filed an Amended Complaint
(Doc. 22) within the time allowed under the Case Management and Scheduling
Order, i.e., March 5, 2021. (Doc. 20).
Based on the foregoing, it is ORDERED as follows:
1. To the extent the Report and Recommendation recommends that the Court
permit Plaintiff to file an Amended Complaint, the Report and Recommendation
(Doc. 20) is ADOPTED and CONFIRMED and made a part of this Order. In all
other respects, the Report and Recommendation is DENIED as moot.
2. Defendant Acme Barricades L.C.’s Motion to Dismiss Plaintiff’s
Complaint or, in the Alternative, Motion for More Definite Statement (Doc. 11) is
DENIED without prejudice to refile in response to the Amended Complaint
(Doc. 22), if applicable.
DONE and ORDERED in Chambers, in Orlando, Florida on February 16,
2021.

Copies furnished to:
Counsel of Record
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