SHUPE v. DBJ ENTERPRISES, LLC et al
| DEBRA DEANNA SHUPE |
| DBJ ENTERPRISES, LLC, DENNYS CORPORATION, DENNYS, INC., DFO, LLC and YONG BYNUM |
| 1:2014cv00308 |
| April 10, 2014 |
| US District Court for the Middle District of North Carolina |
| NCMD Office |
| Alamance |
| WILLIAM L. OSTEEN |
| JOI ELIZABETH PEAKE |
| Fair Labor Standards Act |
| 29 U.S.C. ยง 201 |
| Plaintiff |
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Filing
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MEMORANDUM OPINION AND ORDER signed by CHIEF JUDGE WILLIAM L. OSTEEN JR. on 02/25/2015, that Defendants' Second Motion to Dismiss (Doc. 17 ) is GRANTED IN PART and DENIED IN PART. As to Plaintiff's Sixth Claim, the FL SA claim, Plaintiff has alleged sufficient facts to raise a plausible claim for relief against all Defendants, and Defendants' Second Motion to Dismiss is DENIED as to this claim. However, this court will not exercise supplemental juris diction over Plaintiff's First, Second, Third, Fourth, and Fifth claims; Defendants' Second Motion to Dismiss is accordingly GRANTED; and these claims are DISMISSED WITHOUT PREJUDICE. This dismissal is without prejudice to permit Plaintiff to refile these claims in state court should she so choose. FURTHER that Defendants' First Motion to Dismiss (Doc. 13 ) is DENIED AS MOOT.(Taylor, Abby)
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