ESPINOZA et al v. MEX-AM CAFE LLC et al
| FRANCISCO ESPINOZA and LAURA PEREZ |
| MEX-AM CAFE LLC and ROBERTO GALVAN |
| Jennifer L. Reutter |
| 1:2014cv00030 |
| January 15, 2014 |
| US District Court for the Middle District of North Carolina |
| NCMD Office |
| Alamance |
| L. PATRICK AULD |
| N. C. TILLEY |
| Fair Labor Standards Act |
| 29 U.S.C. ยง 201 |
| Plaintiff |
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Filing
57
MEMORANDUM OPINION AND ORDER signed by JUDGE N. C. TILLEY, JR on 9/15/2015, that for the reasons set forth above, Defendants' Motion to Dismiss (Doc. # 6 ) is DENIED AS MOOT, Defendants' Motion to Conduct Discovery Pursuant to Rule 56(d) (Doc. # 25 ) is DENIED AS MOOT, and Plaintiffs' Motion to Strike Paragraph Five of Defendant Galvan's Declaration Regarding Plaintiff Espinoza's Citizenship (Doc. # 34 ) is DENIED AS MOOT. Plaintiffs' Motion to Dismiss Defendants ' Counterclaim and Third Party Complaint (Doc. # 14 ) is DENIED, Plaintiffs' Motion to Strike Affirmative Defenses in Defendants' Answer (Doc. # 16 ) is GRANTED IN PART AND DENIED PART, Defendants' Motion to Strike (Doc. # 29 ) is GRANTED, Plaintiffs' Motion for Leave to Amend to File Second Amended Complaint (Doc. # 48 ) is DENIED, and Defendants' Motion to Strike (Doc. # 52 ) is DENIED. FURTHER that Defendants may, within twenty-one (21) days of the date of this Order, file an Amended Answer that amends their affirmative defenses in accordance with this Order. FURTHER that Plaintiffs may, within twenty-one (21) days of the date of this Order, file a Second Amended Complaint adding a cause of action for retaliation resulting from Defendants alleged threats ofcriminal prosecution and jail time made during settlement negotiations. (Butler, Carol)
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