Jenkins v. Florida Parishes Juvenile Justice Commission

Filing 9

ORDER & REASONS that Defendant's 4 Motion to Dismiss for Failure to State a Claim is GRANTED. Signed by Judge Eldon E. Fallon on 9/10/15. (dno)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA

DE JE JENKINS

CIVIL ACTION

VERSUS

NO. 15-1228

FLORIDA PARISHES JUVENILE JUSTICE COMMISSION

SECTION "L"

ORDER & REASONS
Before the Court is Defendant’s 12(b)(6) Motion to Dismiss Plaintiff’s claims under the
Family and Medical Leave Act (“FMLA”) for failure to state a claim upon which relief can be
granted. (R. Doc. 4). Having considered the parties’ briefs and the applicable law, the Court now
issues this Order and Reasons.
I.

LAW & ANALYSIS
The Federal Rules of Civil Procedure permit a defendant to seek a dismissal of a

complaint based on the "failure to state a claim upon which relief can be granted." Fed. R. Civ.
P. 12(b)(6). A district court must construe facts in the light most favorable to the nonmoving
party. The court must accept as true all factual allegations contained in the complaint. Ashcroft
v. Iqbal, 556 U.S. 662, 678 (2009). "To survive a motion to dismiss, a complaint must contain
sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face.’
A claim has facial plausibility when the plaintiff pleads factual content that allows the court to
draw the reasonable inference that the defendant is liable for the misconduct alleged." Id.
(citation omitted). Dismissal is appropriate only if the complaint fails to plead "enough facts to
state a claim to relief that is plausible on its face." Bell Atlantic Corporation et al. v. William
Twombly, 550 U.S. 544, 570 (2007).
To qualify for protection under the FMLA, an employee must be employed for at least

twelve months. 29 U.S.C. 2611 (2)(A). Conceding that she was not employed for at least twelve
months preceding her need for FMLA leave, the Plaintiff has no opposition to the Motion to
Dismiss. (R. Doc. 8).
II. CONCLUSION
Accordingly, Defendant’s Motion to Dismiss (R. Doc. 4) is GRANTED without
prejudice.

New Orleans, Louisiana, this 10th day of September, 2015.

UNITED STATES DISTRICT JUDGE

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