Woodham v. Apple Gold Inc et al
||Apple Gold Inc, Sarah Pirozzi and Tim McNamara
||March 13, 2015
||US District Court for the District of South Carolina
||Bruce Howe Hendricks
|Nature of Suit:
||Fair Labor Standards Act
|Cause of Action:
|Jury Demanded By:
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|February 24, 2016
OPINION AND ORDER: The Court will grant Plaintiff leave to file an amended complaint to assert claims under the FLSA, which should be done in thirty (30) days. Plaintiff may reassert any claims under the SCPWA that he believe s are not preempted by the FLSA, and Defendants may reassert their preemption arguments in a renewed motion to dismiss or in a motion for summary judgment. Accordingly, Defendants' motion to dismiss (ECF No. 6 ) is denied without prejudice to their right to re-raise their arguments as set forth above. Signed by Honorable Bruce Howe Hendricks on 2/24/2016.(prou, )
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