Opinion
Civil Action No. 11-cv-00853-RPM
08-03-2011
CHARLES W. MCCLURE, Plaintiff, v. TOWN OF CENTER; and JULIO PAEZ, individually and in his official capacity as Trustee for the Town of Center; MARK GARCIA, individually, and in his official capacity as Town Clerk for the Town of Center; and SUSAN BANNING; and PEGGY MARTINEZ, Defendants.
Senior District Judge Richard P. Matsch
ORDER DENYING MOTION TO DISMISS
On June 27, 2011, the defendants filed a motion to dismiss the federal claims for failure to state a claim for relief, pursuant to Fed.R.Civ.P. 12(b)(6). The plaintiff filed his response on July 18, 2011, and the defendants filed their reply on August 1, 2011. Accepting the factual allegations of the complaint as true and considering the plausible allegations concerning the multiple roles in which the plaintiff served the Town of Center, it is not apparent that his position as Town Clerk would permit the termination of his employment without any procedural protections and without cause. Additionally, it is not clear that his benefit plan was a government plan and that he is exempt from FLSA protection. Accordingly, it is
ORDERED that the defendants' motion to dismiss is denied.
BY THE COURT:
Richard P. Matsch, Senior Judge