Dixon v. Open Hands Nurseing Agency LLC et al
| Bryan Dixon |
| Open Hands Nurseing Agency LLC and James Holmes |
| 4:2017cv02132 |
| August 11, 2017 |
| US District Court for the District of South Carolina |
| Florence Office |
| Florence |
| R Bryan Harwell |
| Fair Labor Standards Act |
| 29 U.S.C. ยง 201 |
| Plaintiff |
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Filing
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ORDER: The Court has thoroughly reviewed the entire record, including the pleadings, Defendants' Motion to Dismiss, or in the Alternative Motion for Summary Judgment [ECF # 15 ], Plaintiffs response to the motion [ECF #[ 21]], Defendants reply [ECF # 22 ] and the applicable law. For the reasons stated above, Defendants' Motion to Dismiss, or in the Alternative Motion for Summary Judgment is GRANTED in part and DENIED in part. Plaintiff's Complaint against D efendant James Holmes is dismissed without prejudice. As to Defendant Open Hands, the FLSA overtime wages claims made by Plaintiff that are time-barred (those prior to August 11, 2015) under the FLSA's two year statute of limitations are dismissed with prejudice. The remaining overtime wage claims brought pursuant to the FLSA which are not time-barred survive summary judgment. Signed by the Honorable R Bryan Harwell on 11/14/2018. (lsut, )
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