Adkins v. Hyundai Motor America et al

Filing 52

ORDER that Plaintiff shall, no later than 04/22/2013, file a supplemental brief to her 44 Motion for Leave to Amend. Signed by Magistrate Judge George Foley, Jr on 04/16/2013. (Copies have been distributed pursuant to the NEF - AC)

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UNITED STATES DISTRICT COURT

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DISTRICT OF NEVADA

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LA SHARON ADKINS,

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Plaintiff,
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vs.
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HYUNDAI MOTOR AMERICA; et al.,
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Defendants.
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__________________________________________)

Case No. 2:12-cv-01612-GMN-GWF
ORDER

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This matter comes before the Court on Plaintiff’s Motion to Amend the Complaint (#44),

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filed on February 27, 2013. Defendant Henderson Hyundai Superstore, Inc. (“Defendant”) filed an

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Opposition (#48) on March 14, 2013. Plaintiff filed a Reply (#49) on March 19, 2013. Defendant

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filed a Supplement (#51) to its Opposition on April 1, 2013.

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Plaintiff seeks leave to add claims for (1) failure to pay overtime in violation of the Fair

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Labor Standards Act (“FLSA”) and (2) retaliation in violation of the FLSA. Plaintiff alleges that

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documents produced by Defendant on or about February 21, 2013 revealed that Plaintiff worked

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over forty hours in a week without overtime pay, and that at least one witness heard Plaintiff

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complain about her hours shortly before her termination. In its opposition, Defendant claims the

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extant time sheets suggest that Plaintiff worked 86.67 hours in a two-week pay period, or 6.67

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hours of overtime. In its Supplement (#51), Defendant represents it sent a check to Plaintiff on

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March 28, 2013 for $163.11, less withholdings, to compensate Plaintiff for the alleged unpaid

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overtime. Before deciding whether to grant Plaintiff’s Motion for Leave to Amend the Complaint,

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the Court will give Plaintiff an opportunity to respond to Defendant’s Supplement (#51).

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Accordingly,

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IT IS HEREBY ORDERED that Plaintiff shall, no later than April 22, 2013, file a

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supplemental brief to her Motion for Leave to Amend (#44) that states whether, in light of the

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payment Defendant sent to Plaintiff, she believes an FLSA claim still exists regarding the alleged

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unpaid overtime.

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DATED this 16th day of April, 2013.

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______________________________________
GEORGE FOLEY, JR.
United States Magistrate Judge

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