Medellin et al v. Express Payroll, Inc. et al

Filing 32

ORDER entered GRANTING 12 MOTION to Dismiss Pursuant to Rule 12(b)(6). The plaintiffs' Unopposed Motion for Leave to Amend their Complaint, (Docket Entry No. 18), is granted. The plaintiffs must file an amended complaint by August 28, 2017.(Signed by Chief Judge Lee H Rosenthal) Parties notified.(leddins, 4)

Case 4:17-cv-01232 Document 32 Filed in TXSD on 08/15/17 Page 1 of 2
United States District Court
Southern District of Texas

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
LUIS MEDELLIN, BENIGNO AGUILAR,
ELIAZAR OCHOA, and RODOLFO
OLIVARES, Individually and On Behalf of
All Others Similarly Situated,
Plaintiff,
v.
EXPRESS PAYROLL, INC.; ROBERT
WAYNE HUTTO d/b/a/ A&W SERVICES;
NABORS CORPORATE SERVICES, INC.
and NABORS INDUSTRIES, INC.,
Defendants.

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ENTERED
August 15, 2017
David J. Bradley, Clerk

CIVIL ACTION NO. H-17-1232

ORDER GRANTING MOTION FOR PARTIAL DISMISSAL AND GRANTING THE
UNOPPOSED MOTION FOR LEAVE TO AMEND COMPLAINT
Nabors Corporate Services, Inc. and Nabors Industries, Inc. moved for a dismissal of some
of the claims in this FLSA case. (Docket Entry No. 12). The plaintiffs responded, agreeing to
dismiss these claims and seeking to amend to conform their complaint. (Docket Entry No. 18).
The following claims are dismissed: 1) Count Two - Failure to Maintain Accurate Records
in Violation of 29 U.S.C. § 211(c); 2) Count Three - FLSA Retaliation in Violation of 29 U.S.C. §
215(a)(3); and 3) Count Four - Collective Action Retaliation Claims. The other claims, based on the
allegations that the plaintiffs were misclassified as independent contractors and were joint
employees of Nabors and either Express Payroll or A&W Services, will remain.
The plaintiffs’ Unopposed Motion for Leave to Amend their Complaint, (Docket Entry No.

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Case 4:17-cv-01232 Document 32 Filed in TXSD on 08/15/17 Page 2 of 2

18), is granted. The plaintiffs must file an amended complaint by August 28, 2017.

SIGNED on August 15, 2017, at Houston, Texas.
______________________________________
Lee H. Rosenthal
Chief United States District Judge

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