Hose v. Henry Industries, Inc.

Filing 241

MEMORANDUM AND ORDER granting 198 Motion to Dismiss Party; granting 201 Motion to Dismiss Party; granting 210 Motion to Dismiss Party. The court hereby dismisses without prejudice Chad Farmer, John Joynt, and John Leo Gonzalez. Signed by Chief Judge J. Thomas Marten on 02/10/2017. (aa)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS

RICHARD FRICK et al.,
Plaintiffs,
vs.

Case No. 13-2490-JTM

HENRY INDUSTRIES, INC.,
Defendant.

MEMORANDUM AND ORDER

This is a Fair Labor Standards Act, 29 U.S.C. § 201 et seq. case filed on behalf of
delivery drivers engaged by defendant Henry Industries, Inc., a company which arranges
deliveries for pharmaceutical companies. The plaintiff drivers allege they are employees
rather than independent contractors, and entitled to unpaid overtime wages under the
FMLA. The court conditionally certified the case as a collective action on September 24,
2014. (Dkt. 56).
Three of the remaining 29 opt-in plaintiffs in the action have withdrawn their
Consent Forms and the lead plaintiff has moved to dismiss their claims. (Dkt. 198, 201, 210).

The defendants do not oppose the motions, which are hereby granted, and the court hereby
dismisses without prejudice Chad Farmer, John Joynt, and John Leo Gonzalez.
IT IS SO ORDERED this 10th day of February, 2017,

___s/ J. Thomas Marten________
J. THOMAS MARTEN, JUDGE

2