Bey v. WalkerHealthCareIT, LLC et al
Opinion and Order in that Plaintiff is granted leave to amend the Complaint within 14 days from the date of this Order. The Motions to Dismiss will be held in abeyance. Signed by Judge George C. Smith on 8/24/17. (sem)
Case: 2:16-cv-01167-GCS-KAJ Doc #: 48 Filed: 08/24/17 Page: 1 of 3 PAGEID #: 290
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
Case No.: 2:16-CV-1167
Magistrate Judge Jolson
WALKERHEALTHCAREIT, LLC, et al.,
OPINION AND ORDER
This matter is before the Court on the Motion to Dismiss of WalkerHealthCareIT, LLC,
WalkerSearchGroup, LLC, Tiffany Walker, and Gregory Walker (collectively, “Walker
Defendants”) (Doc. 14) and the Motion to Dismiss of Encore Health Resources, LLC (“Encore”)
(Doc. 32). Plaintiff opposed the Motion to Dismiss of the Walker Defendants and the Motion to
Dismiss of Encore but asked for an opportunity to amend the Complaint (Docs. 21 and 37). The
Walker Defendants replied in support of their Motion (Doc. 31) and Encore did as well (Doc.
40). For the following reasons, the Court GRANTS Plaintiff leave to amend the Complaint and
holds consideration of the Motions to Dismiss in abeyance. If Plaintiff chooses to file an
amended Complaint, the Motions will be moot.
This case arises out of Plaintiff’s employment with the Walker Defendants as an “ATE
Go-Live Support Consultant.” (Doc. 1, Compl. at ¶6). Plaintiff worked at health institutions
nationwide to implement and help administer new computer health systems. (Id. at ¶ 13).
Plaintiff alleges that Encore managed her day to day activities. (Id. at ¶ 8). Plaintiff also brings
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claims against two individuals, Tiffany Walker, the owner and CEO of the Walker entities, and
Gregory Walker, owner and Senior Managing Principal of the Walker entities.
Plaintiff alleges that she worked more than 40 hours per week and was either not paid for
the time, or was paid her regular rate of pay for the overtime hours. (Id. at ¶¶ 17–18). Plaintiff
also alleges that only hours billed to the client were paid even though she was required to work
unpaid, non-billable work. (Id. at ¶ 19). Plaintiff alleges that she “routinely” worked more than
40 hours per week and that Defendants knew she was not properly compensated but continued to
require Plaintiff to work more than forty hours per week. (Id. at ¶ 27).
Plaintiff’s Complaint alleges violations of the Fair Labor Standards Act (“FLSA”) and
the Ohio Minimum Fair Wage Standards Act (“OMFWSA”). The Walker Defendants and the
Encore Defendants moved to dismiss all of Plaintiff’s claims because they allege her Complaint
lacked sufficient factual allegations. Plaintiff also asked for leave to amend the Complaint
should the Court find the Complaint wanting.
Before reaching the merits of the Motions to Dismiss, the Court first addresses Plaintiff’s
apparent attempt to obtain leave to amend the Complaint. The form of Plaintiff’s request is
unusual and improper under the Federal Rules. It also improperly asks for an advisory opinion
from the Court. The Court agrees with the Walker Defendants that Plaintiff’s request should not
be considered a Motion for Leave to Amend and therefore, should be denied. However, leave to
amend the Complaint need not necessarily be obtained in a motion from the Plaintiff. This Court
prefers to allow cases to reach the merits rather than through dismissal at this early stage.
Accordingly, this Court will sua sponte provide leave to Plaintiff to amend the Complaint to cure
whatever deficiencies Plaintiff believes exist. However, the Court notes that any future motions
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requesting leave to amend must meet the requirements of Rule 7(b) by stating “with particularity
the grounds for seeking the order.” Plaintiff shall have fourteen days to file an amended
Based on the foregoing, the Court GRANTS Plaintiff leave to amend the Complaint
within 14 days of the date of this Order.
IT IS SO ORDERED.
__/s/ George C. Smith
GEORGE C. SMITH, JUDGE
UNITED STATES DISTRICT COURT
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