Summary
dismissing a FLSA claim against a third party defendant when the third party plaintiff merely alleged that the he "directly or indirectly, directed, aided, abetted, and/ or assisted with executing policies and practices of Defendant . . . which resulted in Defendants allegedly failing to pay Named Plaintiff and Plaintiffs proper compensation pursuant to the FLSA"
Summary of this case from Kaskey v. Osmose Holdings, Inc.Opinion
4:13-cv-29
03-25-2013
BRIAN SOLES, on behalf of himself and those similarly situated, Plaintiffs, v. ZARTMAN CONSTRUCTION, INC., et al., Defendants.
Hon. John E. Jones III
Hon. Thomas M. Blewitt
ORDER
1. The Report and Recommendation of Magistrate Judge Blewitt (Doc. 9) is ADOPTED and Defendant Reich's Motion to Dismiss (Doc. 8) is GRANTED.
2. Defendant Reich is DISMISSED as a Defendant without prejudice to the Plaintiff filing for leave to amend the complaint to add Defendant Reich as a Defendant in the event discovery reveals facts supporting a claim against him.
3. This matter is REMANDED to Magistrate Judge Blewitt for all further pre-trial management.
We note that the Plaintiff has affirmatively consented to the granting of Defendant Reich's Motion, but requests that Defendant Reich be dismissed without prejudice. (Doc. 10).
______________________
John E. Jones III
United States District Judge