Derolf et al v. Risinger Bros. Transfer, Inc. et al
| Debbie Derolf and Kevin Anderson |
| Risinger Bros. Transfer, Inc., Stanley K Risinger, Dean Hoffman and John Does 1-10 |
| 1:2016cv01298 |
| August 9, 2016 |
| US District Court for the Central District of Illinois |
| Peoria Office |
| XX US, Outside State |
| Jonathan E. Hawley |
| Joe Billy McDade |
| Fair Labor Standards Act |
| 29 U.S.C. ยง 201 |
| Plaintiff |
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Filing
33
MEMORANDUM OPINION & ORDER entered by Judge Joe Billy McDade on 4/21/2017. For the foregoing reasons, Defendants Motion To Dismiss The Amended Complaint Pursuant To Federal Rule Of Civil Procedure 12(B)(6) (Doc. 22) is GRANTED in part and Plaintiff&# 039;s federal claims are dismissed. Although the Courtis skeptical that Plaintiffs will be able to plead viable federal claims under the theories presented, the Court will nonetheless allow Plaintiffs to move the Court for leave to file an amended co mplaint within twenty-one (21) days (5/12/2017.) An amended complaint shall be attached to the motion as an exhibit. Defendants shall have an opportunity to respond and the Court will assess whether the amended complaint will be allowed or whether su ch amendment would be futile. Jurisdiction over this matter was invoked by the Court's federal-question jurisdiction under 28 U.S.C. § 1331 and its supplemental jurisdiction over the state law claims under 28 U.S.C. § 1367. Having disp osed of the federal claims, the Court hereby declines to exercise supplemental jurisdiction over the remaining state law claims and therefore passes no judgment on their viability. If Plaintiff fails to file for leave to file an amended complaint in the time allotted, the federal claims will be dismissed with prejudice and the action terminated. SO ORDERED. See full written Order. (VH, ilcd)
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