Clark et al v. Cherryhill Management, Inc. et al

Filing 11

ENTRY AND ORDER denying 6 Motion to Dismiss Case as Frivolous and Awarding Attorney Fees. Plaintiffs' request for sanctions in the form of attorney fees is GRANTED. Plaintiffs are ORDERED to file a statement of costs related to responding to Defendants' Motion, segregating time spent related to dismissal from time related to sanctions, as well as a proposed order. Signed by Judge Thomas M. Rose on 12-20-2017. (de)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON

Brittany N. Clark, et al.,
Plaintiffs,
v.

Case No. 3:17-cv-074
Judge Thomas M. Rose

Cherryhill Management, Inc., et al.,
Defendants.

ENTRY AND ORDER DENYING MOTION TO DISMISS AS
FRIVOLOUS, ECF 6, AND AWARDING ATTORNEY FEES.

Pending before the Court is a Motion to Dismiss Case as Frivolous filed by Defendants
Cherryhill Management, Inc., Judith V. Negrete, and Michael J. Walsh. (ECF 6). Therein,
Defendants request that this Court either dismiss Plaintiffs’ Brittany N. Clark and Robert
Sammons complaint and sanction them for frivolity. Plaintiffs’ response requests that the Court
deny the motion and sanction Defendants for a frivolous assertion of frivolity. Because
Plaintiffs’ complaint states a claim, it will not be dismissed. Because Defendants’ assertion of
frivolity is frivolous, Plaintiffs’ request for sanctions will be granted.
I.

Background
Plaintiffs Brittany Clark and Robert Sammons are two former employees of Defendant

Cherryhill Management Inc. who were fired under allegedly similar circumstances. Both were
approved for intermittent FMLA leave. (Complaint ¶¶14, 22). Cherryhill terminated Sammons
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