England v. Administrators of the Tulane Educational Fund
| Christopher England |
| Administrators of the Tulane Educational Fund |
| 2:2016cv03184 |
| April 14, 2016 |
| US District Court for the Eastern District of Louisiana |
| New Orleans Office |
| Orleans |
| Carl Barbier |
| Joseph C. Wilkinson |
| Fair Labor Standards Act |
| 29 U.S.C. ยง 201 |
| None |
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Filing
37
ORDER AND REASONS. It is ORDERED that Tulane's Motion for Summary Judgment (Rec. Doc. 29 ) is GRANTED. It is FURTHER ORDERED that Plaintiff's FLSA claims are DISMISSED WITH PREJUDICE. It is FURTHER ORDERED that Plaintiff's state law claims are DISMISSED WITH PREJUDICE. Signed by Judge Carl Barbier. (gec)
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Filing
13
ORDER & REASONS: granting in part and denying in part 8 Motion to Dismiss the Amended Complaint; Plaintiff's gap time claims for hours worked in excess of thirty-seven and one-half per week but less than forty is dismissed with prejudice fo r failure to state a claim pursuant to Rule 12(b)(6). Plaintiff's claims for health insurance and retirement contribution plan benefits are dismissed without prejudice as premature because Plaintiff has not exhausted all administrative proced ures as required by ERISA. Defendant's motion to dismiss is denied in all other respects. Accordingly, IT IS HEREBY ORDERED that Defendant's 12(b)(6) Motion to Dismiss(Rec. Doc. 8) is GRANTED IN PART and DENIED IN PART. Signed by Judge Carl Barbier on 11/3/16. (sek)
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Filing
6
ORDER AND REASONS. It is ORDERED that Defendant's 12(b)(6) Motion to Dismiss (Rec. Doc. 3 ) is GRANTED. It is FURTHER ORDERED that Plaintiff must file an amended complaint within 21 days, or the Court will dismiss his claims with prejudice. It is FURTHER ORDERED that Defendant's 5 Motion for Leave to File Reply is DENIED as moot. Signed by Judge Carl Barbier. (gec)
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| Plaintiff: Christopher England | |
| Represented By: | Laura Lanier Catlett |
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| Defendant: Administrators of the Tulane Educational Fund | |
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