Velasquez v. Salsas and Beer Restaurant, Inc. et al

Filing 60

JUDGMENT - IT IS ORDERED, ADJUDGED, AND DECREED that the court DENIES plaintiff's motion for summary judgment [D.E. 40], DENIES plaintiff's motion to strike [D.E. 49], and DENIES plaintiff's motion for sanctions [D.E. 54]. Plaintiff� 39;s FLSA claim is DISMISSED for lack of subject-matter jurisdiction. The court DECLINES to exercise supplemental jurisdiction over plaintiff's NCWHA claim and DISMISSES without prejudice the NCWHA claim. Plaintiff may seek relief under the NCWHA in state court. Signed by Peter A. Moore, Jr., Clerk of Court on 9/28/2017. (Briggeman, N.)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
CHRISTIAN VELASQUEZ, on behalf of
himself and all others similarly situated,

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Plaintiff,

v.

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JUDGMENT IN A CIVIL CASE
CASE NO. 5:15-CV-146-D

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SALSAS AND BEER RESTAURANT,
INC., NOE PATINO, PATRICIAPATINO,
DIONISIO PATINO, and ISMAEL
PATINO,
Defendants.

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Decision by Court.
IT IS ORDERED, ADJUDGED, AND DECREED that the court DENIES plaintiff's motion
for summary judgment [D.E. 40], DENIES plaintiff's motion to strike [D.E. 49], and DENIES
plaintiff's motion for sanctions [D.E. 54]. Plaintiff's FLSA claim is DISMISSED for lack of
subject-matter jurisdiction. The court DECLINES to exercise supplemental jurisdiction over
plaintiff's NCWHA claim and DISMISSES without prejudice the NCWHA claim. Plaintiff may
seek relief under the NCWHA in state court.

This Judgment Filed and Entered on September 28, 2017, and Copies To:
Michael B. Cohen

(via CM/ECF electronic notification)

Gilda Hernandez

(via CM/ECF electronic notification)

Grant S. Mitchell

(via CM/ECF electronic notification)

DATE:
September 28, 2017

PETER A. MOORE, JR., CLERK
(By) /s/ Nicole Briggeman
Deputy Clerk