Hyde v. FCA US, L.L.C.

Filing 6

ORDER re 2 MOTION to Dismiss Pursuant to Federal Rule of Civil Procedure 12(b)(6) filed by FCA US, L.L.C.. Signed by District Judge Victoria A. Roberts. (CPin)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
John Hyde, on behalf of himself
and those similarly situated
Plaintiff,
Case No. 16-cv-10716
v.
Hon. Victoria A. Roberts
FCA US, L.L.C,
Formerly known as
Chrysler, LLC
Defendant.
_________________________________/
ORDER REGARDING DEFENDANT'S MOTION TO DISMISS
Defendant filed a Motion to Dismiss (Doc. # 2) in which it argues that Plaintiff
John Hyde’s (“Hyde”) state law breach of contract and promissory estoppel claims are
preempted by Federal Labor Law and must be treated as arising under Section 301 of
the Labor Management Relations Act. Defendant also says the state law claims must
be dismissed because Hyde fails to allege an essential element of a §301 claim.
Defendant says the complaint is defective for failing to articulate a plausible claim
as required by the Supreme Court's decision in Ashcroft v. Iqbal, 556 U.S. 662 (2009).
The Court reviewed the motion. Without expressing any view as to its merits, the Court
affords Hyde an opportunity to cure the purported pleading defect; the Court grants
Hyde leave to file an amended complaint, in accordance with Fed. R. Civ. P.
15(a)(1)(B).
An amended complaint must plead specific factual allegations that, if true, would
"plausibly give rise to an entitlement to relief." Iqbal, 556 U.S. at 680. If Plaintiff timely
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files an amended complaint, the Court will deny without prejudice the motion to dismiss
as moot. If Plaintiff does not timely file an amended complaint, Plaintiff must file a
response to the motion, and the Court will decide the motion.
Either an amended complaint or a response to the motion must be filed by
Monday, March 21, 2016.
IT IS ORDERED.
S/Victoria A. Roberts
Victoria A. Roberts
United States District Judge
Dated: March 8, 2016
The undersigned certifies that a copy of this
document was served on the attorneys of
record by electronic means or U.S. Mail on
March 8, 2016.
S/Carol A. Pinegar
Deputy Clerk

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