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Abdulina v. Eberl's Temp. Servs., Inc.

United States District Court, D. Colorado

February 3, 2015

DINA ABDULINA, on behalf of herself and all similarly situated persons, Plaintiff,
v.
EBERL'S TEMPORARY SERVICES, INC., a Colorado corporation, Defendant

For Dina Abdulina, on behalf of herself and all similarly situated persons, Plaintiff: Brian David Gonzales, Brian D. Gonzales, The Law Offices of 123 North College Avenue, Fort Collins, CO; Charles Leonard Scalise, Ross Law Group, Austin, TX.

For Eberl's Temporary Services, Inc., a Colorado corporation, Defendant: John D. Martin, LEAD ATTORNEY, Martin & Hyman, LLC-Denver, Denver, CO; Jennifer Lynn Anderson, Jones Walker LLP, Baton Rouge, LA.

Page 1202

ORDER

RAYMOND P. MOORE, United States District Judge.

This matter is before the Court on Defendant Eberl's Temporary Services, Inc.'s (" ETS" )

(1) motion to dismiss Plaintiff Dina Abdulina's complaint, or, in the alternative for a more definite statement (ECF No. 15);

(2) motion to dismiss Plaintiff's Colorado Wage Claim Act and Breach of Contract claims in the First Amended Class Action Complaint (ECF No. 19); and

(3) unopposed motion for leave to provide supplemental authority in support of its motion to dismiss Plaintiff's Colorado Wage Claim Act and Breach of Contract claims in the First Amended Class Action Complaint (ECF No. 55).

For the reasons stated below, the Court:

(1) DENIES as MOOT Defendant's motion to dismiss Plaintiff's complaint (ECF No. 15);

(2) GRANTS Defendant's motion to dismiss Plaintiff's Colorado Wage Claim Act and Breach of Contract claims in the First Amended Class Action Complaint (ECF No. 19); and

(3) GRANTS Defendant's motion for leave to provide supplemental authority in support of its motion to dismiss Plaintiff's Colorado Wage Claim Act and Breach of Contract claims in the First Amended Class Action Complaint (ECF No. 55).

I. BACKGROUND

A. Procedural Background

On February 4, 2014, Plaintiff filed her original complaint (" Complaint" ) on behalf of herself and other allegedly similarly situated individuals seeking back pay and other damages allegedly owed under the (1) Fair Labor Standards Act (" FLSA" ), 29 U.S.C. § 201, et seq., (2) Colorado Wage Claim Act (" Wage Claim Act" ), Colo. Rev. Stat. § 8-4-101, et seq., and (3) Colorado Minimum Wage Act (" Minimum Wage Act" ), Colo. Rev. Stat. § 8-6-101 et seq. (ECF No. 1.)

On May 5, 2014, Defendant moved to dismiss Plaintiff's Complaint, or, in the alternative, for a more definite statement. (ECF No. 15.)

On May 20, 2014, Plaintiff filed her First Amended Complaint (" Amended Complaint" ) on behalf of herself and other allegedly similarly situated individuals. (ECF No. 18 at 1.) Plaintiff's Amended Complaint asserts three claims for relief based upon Defendant's allegedly (1) violating the Wage Claim Act, (2) violating the FLSA, and (3) breaching a contract. (ECF No. 18 ¶ ¶ 19-32.) Plaintiff alleges that ETS violated the Colorado Minimum Wage Act, Colo. Rev. Stat. § 8-6-101, et seq., as implemented by the Colorado Minimum Wage Order. (ECF No. 18 ¶ 1.)

On June 3, 2014, Defendant moved to dismiss, from the Amended Complaint, Plaintiff's Wage Claim Act claim and breach of contract claim. (ECF No. 19.) Plaintiff responded to Defendant's June 3 motion to dismiss. (ECF No. 26.) Plaintiff opposes the relief Defendant seeks with regard to the Wage Claim Act claim. (ECF No. 26 at 1-4.) Plaintiff does not oppose the relief Defendant seeks with regard to the breach of contract claim. (ECF No. 26 at 4.)

On January 20, 2015, Defendant, unopposed, moved for leave to file supplemental authority in support of its motion to dismiss Plaintiff's Colorado Wage Claim Act and Breach of ...


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