Adams v. All Coast L L C

MOTION to Dismiss For Failure to State a Claim Complaint

W.D. La.October 31, 2016

1 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF LOUISIANA LAFAYETTE DIVISION WILLIAM ADAMS VERSUS ALL COAST, LLC CASE NO. 6:16-CV-01426-RFD-PJH JUDGE REBECCA F. DOHERTY MAGISTRATE JUDGE PATRICK J. HANNA MOTION TO DISMISS Defendant All Coast, LLC (“All Coast” or “Defendant”), through the undersigned counsel, hereby files its Motion to Dismiss pursuant to Fed. R. Civ. P. 12(b)(6), and would show unto the Court the following: 1. Plaintiff filed a Complaint in the United States District Court for the Southern District of Texas on August 2, 2016, alleging that All Coast violated the Fair Labor Standards Act (“FLSA”) by not paying him overtime compensation and for failing to maintain the required records. The matter was transferred to this Court upon the Agreement of the parties. 2. In his Complaint, Plaintiff alleges that he is a seaman. Complaint at ¶ 12. 3. The FLSA specifically exempts seaman from the overtime requirements of the FLSA. 29 U.S.C. § 213(b)(6). 4. Plaintiff has only pled conclusory allegations that Defendant failed to maintain accurate records as required by the FLSA. Complaint at ¶¶ 4, 24, 25, and 38. Plaintiff is no longer employed by All Coast and has not alleged any damage as a result of these threadbare allegations. These allegations are insufficient to state a claim upon which relief may be granted. 5. Count Three, the collective action allegations, are based upon the failure to pay overtime claims and failure to maintain accurate records. Because Plaintiff’s claims are due to Case 6:16-cv-01426-RFD-PJH Document 16 Filed 10/31/16 Page 1 of 3 PageID #: 70 204626.1 2 be dismissed, the collective allegations must be dismissed as well. Genesis HealthCare Corp. v. Symczyk, 133 S. Ct. 1523 (U.S. 2013). 6. Accordingly, Plaintiff has failed to plead any factual allegations sufficient “to state a claim for relief that is plausible on its face.” Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007). WHEREFORE, premises considered, All Coast, LLC respectfully requests that this Court enter an Order dismissing Plaintiff’s Complaint in its entirety, with prejudice, and award it any other relief to which it may be granted, including its fees and costs incurred in the defense of this matter. Respectfully submitted, this the 31st day of October, 2016. ALL COAST, LLC BALCH & BINGHAM LLP BY: s/ Armin J. Moeller, Jr. Armin J. Moeller, Jr. (LA#9523) Ashley Eley Cannady (pro hac vice) BALCH & BINGHAM LLP 188 E. Capitol Street, Suite 1400 Jackson, MS 39201 Telephone: (601) 961-9900 Facsimile: (601) 961-4466 amoeller@balch.com Case 6:16-cv-01426-RFD-PJH Document 16 Filed 10/31/16 Page 2 of 3 PageID #: 71 204626.1 3 CERTIFICATE OF SERVICE I, the undersigned counsel, do hereby certify that I have this day electronically filed the foregoing with the Clerk of the Court using the ECF system. This the 31st day of October, 2016. s/ Armin J. Moeller, Jr. ARMIN J. MOELLER, JR. Case 6:16-cv-01426-RFD-PJH Document 16 Filed 10/31/16 Page 3 of 3 PageID #: 72