Wilson et al v. PNK (River City), LLC.

Filing 56

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Defendant's Motion for Summary Judgment on the Claims of Kenneth Ridgley (Doc. No. 48 ) is GRANTED. Signed by District Judge Audrey G. Fleissig on June 29, 2016. (BRP)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

LAWRENCE M. WILSON, DARREN
METZGER, and CHARLES
PATTERSON, Individually and on
behalf of all others similarly situated,

)
)
)
)
)
Plaintiffs,
)
)
v.
)
)
PNK (RIVER CITY), LLC, d/b/a
)
RIVER CITY CASINO AND HOTEL, )
)
Defendant.
)

Case No. 4:15CV00380 AGF

MEMORANDUM AND ORDER
This matter is before the Court on Defendant’s Motion for Summary Judgment on
the Claims of Kenneth Ridgley (Doc. No. 48). Plaintiffs have not offered any response to
the motion. Plaintiffs also failed to respond to the Court’s Order to Show Cause why the
motion should not be granted (Doc. No. 54).
Defendant asserts that opt-in Plaintiff Kenneth Ridgley’s claim under the Fair
Labor Standards Act (“FLSA”) accrued before August 24, 2012, his last pay date as an
employee for Defendant. Again, because Plaintiffs have failed to offer any opposition to
Defendant’s assertion, which is supported by an affidavit from Defendant’s Director of
Human Resources, the Court accepts it as true for purposes of summary judgment.
Plaintiff Ridgley did not file a written consent to join the instant lawsuit until December
1, 2015 (Doc. No. 41-1).

Rule 56(a) of the Federal Rules of Civil Procedure provides that summary
judgment shall be entered “if the movant shows that there is no genuine dispute as to any
material fact and that the movant is entitled to judgment as a matter of law.” Fed. R. Civ.
P. 56(a).  Because an action under the FLSA must be “commenced within two years after
the cause of action accrued . . . except that a cause of action arising out of a willful
violation may be commenced within three years after the cause of action accrued,” 29
U.S.C. § 255(a), and because Plaintiff Ridgley did not commence his claim within three
years of his cause of action’s accrual, his claims are barred as a matter of law. Similarly,
Plaintiff Ridgley’s claims under Mo. Rev. Stat. § 290.527, the Missouri Minimum Wage
Law, are barred under that statute’s two-year statute of limitations, as is Plaintiff
Ridgley’s claim under Missouri state law for unjust enrichment. See Davenport v.
Charter Comms’ns, LLC, 4:12CV7 AGF, 2012 WL 5050580, *2-3 (E.D. Mo. Oct. 12,
2012).
Accordingly,
IT IS HEREBY ORDERED that Defendant’s Motion for Summary Judgment on
the Claims of Kenneth Ridgley (Doc. No. 48) is GRANTED.

______________________________
AUDREY G. FLEISSIG
UNITED STATES DISTRICT JUDGE
Dated this 29th day of June, 2016. 

2