Talbert v. Packers Sanitation Services, Inc et al

Filing 18

ORDER Dismising Brandon Wakefield. Mooting Motion: 7 MOTION to Dismiss Partially Dismiss Plaintiff's Complaint filed by Packers Sanitation Services, Inc., Brandon Wakefield. Signed by District Judge Victoria A. Roberts. (CPin)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION Charles D. Talbert Plaintiff, CASE NO: 14-14550 Hon. Victoria A. Roberts v. Packers Sanitation Services, Inc., and Brandon Wakefield, Defendants. / ORDER DISMISSING BRANDON WAKEFIELD AND MOOTING DEFENDANTS’ MOTION TO PARTIALLY DISMISS PLAINTIFF’S COMPLAINT (DOC. #7) Defendant Packers Sanitation Services, Inc., (“PSSI”) is a company that provides sanitation services to the food industry. Defendant Brandon Wakefield (“Wakefield”) is an employee of PSSI. Charles D. Talbert (“Talbert”), a former employee, filed a thirteen count complaint alleging violations of the Fair Labor Standard Act, 29 U.S.C. §201 et seq (“FLSA”), and various state laws arising from an alleged underpayment of wages. At a scheduling conference held on November 5, 2015, the parties stipulated to the dismissal of several causes of action. The Court ordered Talbert to submit an amended complaint; he did so. The First Amended Complaint does not list Wakefield as a defendant. He is DISMISSED. Still pending is Defendants’ Motion to Partially Dismiss Plaintiff’s Complaint. The 1 original complaint is now superceded by the First Amended Complaint. Defendants’ Motion is MOOT. IT IS ORDERED. s/Victoria A. Roberts Victoria A. Roberts United States District Judge Dated: November 19, 2015 The undersigned certifies that a copy of this document was served on the attorneys of record by electronic means or U.S. Mail on November 19, 2015. s/Linda Vertriest Deputy Clerk 2

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