Landers v. Quality Communications, Inc. et al

Filing 20

ORDER Granting 7 Motion to Dismiss. Signed by Judge James C. Mahan on 4/6/12. (Copies have been distributed pursuant to the NEF - MMM)

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UNITED STATES DISTRICT COURT
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DISTRICT OF NEVADA
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GREG LANDERS,

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2:11-CV-1928 JCM (RJJ)

Plaintiff,
v.
QUALITY COMMUNICATIONS, INC.,
et al.,

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Defendants.

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ORDER

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Presently before the court is defendants Quality Communications, Inc., et. al.’s motion to

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dismiss or, alternatively, for summary judgment. (Doc. #7). Plaintiff Greg Landers filed an

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opposition. (Doc. #12). Defendants then filed a reply. (Doc. #16).

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The complaint asserts a Federal Fair Labor Standards Act (“FLSA”) claim, alleging that

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defendants willfully failed to make overtime and/or minimum wage payments.

(Doc. #1).

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Defendants’ motion to dismiss argues that the complaint does not allege specific facts showing that

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plaintiff has a plausible claim. (Doc. #7).

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A complaint must include a “short and plain statement of the claim showing that the pleader

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is entitled to relief.” FED. R. CIV. P. 8(a)(2). The statement of the claim is intended to “give the

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defendant fair notice of what the claim is and the grounds upon which it rests.” Bell Atlantic Corp.

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v. Twombly, 550 U.S. 544, 555 (2007) (internal citations omitted). Pursuant to Federal Rule of Civil

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Procedure 12(b)(6), courts may dismiss causes of action that “fail[] to state a claim upon which relief

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can be granted.”

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James C. Mahan
U.S. District Judge

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The court must “accept all factual allegations in the complaint as true.” Tellabs, Inc. v.

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Makor Issues & Rights, Ltd., 551 U.S. 308, 322 (2007). Further, the court must draw all reasonable

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inferences in plaintiff’s favor. Twombly, 550 U.S. at 547. However, “[t]o survive a motion to

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dismiss, a complaint must contain sufficient factual matter . . . to state a claim to relief that is

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plausible on its face.” Ashcroft v. Iqbal, 129 S.Ct. 1937, 1949 (2009) (internal citations omitted).

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Although “not akin to a ‘probability requirement,’” the plausibility standard asks for more than a

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sheer possibility that a defendant has acted unlawfully. Id. “Where a complaint pleads facts that are

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‘merely consistent’ with a defendant’s liability, it ‘stops short of the line between possibility and

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plausibility of entitlement to relief.’” Id.

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The instant complaint, plaintiff asserts that plaintiff was not paid time and one-half his hourly

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rate for work he performed in excess of 40 hours a week. Further, plaintiff asserts that defendants

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produced false and misleading payroll records.

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These general allegations are “merely consistent” with defendants’ liability. Iqbal, 129 S.Ct.

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at 1949. Accordingly, plaintiff has stopped “short of the line between possibility and plausibility of

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entitlement to relief.” Id. The complaint does not make any factual allegations providing an

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approximation of the overtime hours worked, plaintiff’s hourly wage, or the amount of unpaid

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overtime wages. See Lagos v. Monster Painting, Inc., 2011 WL 6887116, at *2 (D. Nev. Dec. 29,

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2011) (stating that a complaint devoid of factual allegations including an approximation of the

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overtime hours worked, the regular hourly or weekly wage, or the amount of unpaid wages is

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insufficient to state a plausible claim for relief under the FLSA). Therefore, the complaint does not

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contain sufficient factual matter to state a claim to relief that is plausible on its face. Iqbal, 129 S.Ct.

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at 1949.

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Accordingly,

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...

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...

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...

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...

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James C. Mahan
U.S. District Judge

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IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that defendants Quality

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Communications, Inc., et. al.’s motion to dismiss (doc. #7) be, and the same hereby is, GRANTED.

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DATED April 6, 2012.

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UNITED STATES DISTRICT JUDGE
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James C. Mahan
U.S. District Judge

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