McArthur v. The Rock Wood Fired Pizza & Spirits et al
Filing
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ORDER granting in part and denying in part 65 Plaintiff's Motion for Partial Summary Judgment; by Judge Ricardo S Martinez.(RM)
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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE
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JENNIFER McARTHUR,
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Plaintiff,
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v.
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THE ROCK WOOD FIRED PIZZA &
SPIRITS, et al.,
Defendants.
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CASE NO. C14-0770 RSM
ORDER GRANTING IN PART AND
DENYING IN PART PLAINTIFF’S
MOTION FOR PARTIAL SUMMARY
JUDGMENT
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THIS MATTER comes before the Court on Plaintiff’s Motion for Partial Summary
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Judgment. Dkt. #65. Although not entirely clear, it appears that Plaintiff is seeking an Order
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from this Court stating that Defendant The Wedge Corporation is subject to the requirements of
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the Fair Labor Standards Act (“FLSA”). Dkts. #65 and #81. She does not seek a ruling on the
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merits of the claims she brings under the FLSA, but rather seeks a dismissal of Defendants’
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affirmative defense that her claims are not covered by the FLSA. Id.
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Defendants appear to concede that The Wedge Corporation is subject to the
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requirements of the FLSA. See Dkt. #78 at 6-8. However, Defendants oppose the dismissal of
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their affirmative defense on several grounds, but primarily because there are numerous issues
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of material fact in dispute as to the merits of Plaintiffs’ claims. Dkt. #78.
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ORDER
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Having reviewed Plaintiff’s motion, the opposition thereto, and reply in support thereof,
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along with the Declarations and Exhibits thereto, and the remainder of the record, the Court
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hereby finds and ORDERS:
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1. Plaintiff’s Motion for Partial Summary Judgment (Dkt. #65) is GRANTED IN
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PART AND DENIED IN PART. To the extent Plaintiff seeks an Order stating that
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Defendant The Wedge Corporation is subject to the requirements of the FLSA, there
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appears to be no dispute that it is. However, nothing in this Order is intended to
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suggest that Plaintiff’s claims under the FLSA have merit, or that she will succeed
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on her claims as to any of the Defendants. Likewise, the Court will not dismiss
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Defendants’ affirmative defense that the FLSA does not apply to Plaintiff’s claims.
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That affirmative defense goes to the merits of each of Plaintiff’s claims that she
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raises under the FLSA and is brought on behalf of all of the Defendants. Plaintiff
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does not address all Defendants in her motion, or explain why the defense should be
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dismissed as to all of them. In addition, the Court agrees that numerous issues of
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fact in dispute on the several claims that Plaintiff raises under the FLSA make the
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dismissal of Defendants’ affirmative defense inappropriate at this time.
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2. Both parties have asked the Court to strike material from the briefs and Declarations
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submitted in support of this motion. The Court DENIES those requests as moot.
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Even if the Court disregarded the materials sought to be stricken, its conclusion
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would remain the same.
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3. Finally, to the extent that Defendants have requested the dismissal of certain of
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Plaintiffs’ claims, the Court DENIES such requests. Defendants have improperly
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raised those requests through a response brief, which does not contain any cross-
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ORDER
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motion to dismiss or for summary judgment in their favor, and does not allow the
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Plaintiff an opportunity to substantively respond to the requests given the limitations
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of the reply brief.
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DATED this 13 day of February, 2017.
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A
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RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT JUDGE
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ORDER
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