Glass et al v. Arenz Pest Management Solutions, Inc. et al

Filing 18

MEMORANDUM AND ORDER re: 9 MOTION to Dismiss :Count I of the Complaint for Failure to State a Claim on Which Relief can be Granted and Count II for Lack of Supplemental Jurisdiction filed by Defendant Arenz Pest Management Solutions, Inc., Defendant Robert C. Arenz, Defendant Michael Arenz, Defendant Steve C. Arenz, Defendant Debra L. Arenz motion is DENIED as MOOT. Signed by District Judge Stephen N. Limbaugh, Jr on 6/24/13. (MRS)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI EASTERN DIVISION ED GLASS, et aI., individually and on behalf of others similarly situated, Plaintiffs, vs. ARENZ PEST MANAGEMENT SOLUTIONS, INC., et al., Defendants. ) ) ) ) ) ) ) ) ) ) ) Case No. 4:13-cv-0170 SNLJ MEMORANDUM AND ORDER Plaintiffs filed this matter against defendants Arenz Pest Management Solutions, Inc., Steven Arenz, Debra Arenz, Michael Arenz, and Robert Arenz, alleging violations of the Fair Labor Standards Act, 29 U.S.C. § 201, et seq., and the Missouri Minimum Wage Laws, R.S. Mo. § 290.500 et seq. Defendants moved to dismiss for failure to state a claim pursuant to Federal Rule of Civil Procedure 12(b)(6) (#9) and alleged that plaintiffs had not pleaded adequately that defendants were engaged in interstate commerce such that the federal Fair Labor Standards Act applied. Plaintiffs responded by amending their complaint to add facts going to the defendants' participation in interstate commerce (#14, #15). Plaintiftcontend that their amendment moots the defendants' motion. Defendants have now answered the Amended Complaint (#17). Accordingly, IT IS HEREBY ORDERED that defendants' Motion to Dismiss (#9) is DENIED as moot. Dated thig)fl6ay of June, 2013.

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