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)

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.

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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.