Armento v. Asheville Buncombe Community Christian Ministry, Inc.

Filing 62

ORDER: The parties shall submit supplemental briefing on the issue of whether the Defendant is "an enterprise engaged in commerce" within the meaning of the § 203(s) of the FLSA. Defendant's supplemental b rief is due 10/26/2018. Plaintiff's responsive supplemental brief is due 11/13/2018. Briefs shall not exceed 10 pages. The trial currently scheduled during the 11/13/2018 trial term and the 11/6/2018 final pretrial conference are CONTINUED and will be reset at a later time. A hearing on Defendants' motions may be set after supplemental briefing is complete. Signed by District Judge Martin Reidinger on 10/8/2018. (maf)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
ASHEVILLE DIVISION
CIVIL CASE NO. 1:17-cv-00150-MR-DLH

GREGORY ARMENTO,

)
)
Plaintiff, )
)
vs.
)
)
ASHEVILLE BUNCOMBE
)
COMMUNITY CHRISTIAN
)
MINISTRY, INC.,
)
)
Defendant.
)
___________________________ )

ORDER

THIS MATTER comes before the Court sua sponte after review of the
Defendant’s Motion for Partial Summary Judgment [Doc. 46] and the
Defendant’s Motion to Dismiss [Doc. 49].
The Defendant seeks the dismissal of, inter alia, the Plaintiff’s claims
for minimum wage and overtime compensation asserted under the Fair
Labor Standards Act of 1938, 29 U.S.C. § 201 et seq. (“FLSA”). A basis for
the assertion of federal subject matter jurisdiction in this case is the FLSA
claim. The FLSA applies to all employees, regardless of the type of work
performed, if such employees are employed by “an enterprise engaged in
commerce or in the production of goods for commerce,” as that phrase is

defined in 29 U.S.C. § 203(s). The materials submitted by the Defendant in
support of its dispositive motions cause the Court to question whether the
Defendant is “an enterprise engaged in commerce” within the meaning of the
FLSA, and thus whether the Court has subject matter jurisdiction over the
Plaintiff’s claims. The lack of subject matter jurisdiction is an issue that may
be raised at any time. See Ellenburg v. Spartan Motors Chassis, Inc., 519
F.3d 192, 196 (4th Cir. 2008).
Accordingly, IT IS, THEREFORE, ORDERED as follows:
(1)

The parties shall submit supplemental briefing to the Court on
the issue of whether the Defendant is “an enterprise engaged in
commerce” within the meaning of the § 203(s) of the FLSA. The
Defendant shall have through and including October 26, 2018 to
file a supplemental brief on this issue. The Plaintiff shall have
through and including November 16, 2018 to file his
supplemental brief in response. Neither supplemental brief shall
exceed ten (10) pages.

(2)

The trial of this matter, which is currently scheduled during the
November 13, 2018 trial term, is hereby CONTINUED and will
be reset at a later time.

2

(3)

The final pretrial conference, which is currently scheduled for
November 6, 2018, is also CONTINUED and will be reset at a
later time.

(4)

The Court anticipates setting a hearing on the Defendant’s
pending

motions

upon

the

completion

supplemental briefing.
IT IS SO ORDERED.

Signed: October 8, 2018

3

of

the

parties’