Diaz v. TTT Foods, LLC
MEMORANDUM AND ORDER - IT IS HEREBY ORDERED that defendant TTT Foods LLC's Motion to Dismiss 7 is DENIED. This case will be set for a Rule 16 scheduling conference by separate Order. Defendant is reminded of its obligation to answer the amended complaint within the time set by the rules. Signed by District Judge Catherine D. Perry on February 22, 2017. (MCB)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
TTT FOODS LLC,
No. 4:16 CV 1701 CDP
MEMORANDUM AND ORDER
Plaintiff Michael Diaz brings this action under Section 15(a)(3) of the Fair
Labor Standards Act (FLSA), 29 U.S.C. § 215(a)(3), claiming that defendant TTT
Foods LLC unlawfully terminated his employment in retaliation for his complaint
that he was not being paid overtime as required under the FLSA and for seeking to
recover his back wages. TTT Foods seeks to dismiss Diaz’s amended complaint
under Fed. R. Civ. P. 12(b)(6), arguing that Diaz previously executed a release that
effectively waived his right to bring this action. I will deny the motion.
In both its motion and reply brief, TTT Foods bases its argument on matters
and factual averments not embraced by the complaint, which I am prohibited from
considering on a Rule 12(b)(6) motion to dismiss. Enervations, Inc. v. Minnesota
Mining & Mfg. Co., 380 F.3d 1066, 1069 (8th Cir. 2004). I will therefore deny the
motion. The matters raised by TTT Foods are more appropriately considered on a
motion for summary judgment with proper submission of evidence relevant to the
IT IS HEREBY ORDERED that defendant TTT Foods LLC’s Motion to
Dismiss  is DENIED.
This case will be set for a Rule 16 scheduling conference by separate Order.
Defendant is reminded of its obligation to answer the amended complaint within the
time set by the rules.
CATHERINE D. PERRY
UNITED STATES DISTRICT JUDGE
Dated this 22nd day of February, 2017.
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