William Justice and Bryan Sudbery, individually and on behalf of all others similarly situated v. J.P. McMahon, Tristan W. Drew, A Common Thread Inc., and Does 1 through 10, inclusive
Published: Sep. 27, 2014 | Result Date: Nov. 26, 2013 | Filing Date: Jan. 1, 1900 |Case number: 2:13-cv-05157-RGK-MAN Bench Decision – Dismissal
Facts
William Justice and Brian Sudbery filed a class action against J.P. McMahon, Tristan Drew, and A Common Thread Inc., raising claims for violations of the Fair Labor Standards Act and state statutory claims. On June 3, 2013, the district court dismissed the federal claim for lack of prosecution, with prejudice, and the state law claims without prejudice. On June 17, the plaintiffs filed a suit identical to the prior lawsuit and the defendants moved to dismiss.
Contentions
PLAINTIFF'S CONTENTIONS:
Plaintiffs alleged that defendants failed to provide immolation on pay stubs, failed to pay minimum wages, and failure to all allow employs to inspect records. The FLSA claim alleged also that they were not given minimum wages.
DEFENDANT'S CONTENTIONS:
Defendants argued that the plaintiffs FLSA claim was already dismissed with prejudice and therefore, barred by res judicata. In addition, as all four claims, plaintiffs did not plead the required elements and the state statutory claims were barred according to the statute of limitations.
Result
The court granted defendants' motion to dismiss.
Other Information
FILING DATE: July 17, 2013.
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