Murphy et al v. Omni House, Inc.

MOTION to Dismiss for Failure to State a ClaimDefendant's Motion to Dismiss Portions of Plaintiffs' Complaint

D. Md.April 13, 2017

#15244317 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND ALISON M. MURPHY, et al., * Plaintiffs, * v. * Civil Action No. GLR-17-cv-0724 OMNI HOUSE, INC., * Defendant. * * * * * * * * * * * * * * DEFENDANT’S MOTION TO DISMISS PORTIONS OF PLAINTIFFS’ COMPLAINT Defendant Omni House, Inc., by and through undersigned counsel, pursuant to Fed. R. Civ. P. 12(b)(6), respectfully moves this Court for the entry of an Order dismissing portions of the complaint of Plaintiffs Alison Murphy and Breonna Weaver. As grounds for this motion, Defendant states as follows: 1. On March 16, 2017, Plaintiffs filed their complaint alleging violations by Defendant of the Maryland Wage and Hour Law, Md. Code Ann., Lab. & Empl. §§ 3-401 et seq. (“MWHL”) (counts I and II), Maryland Wage Payment Collection Law, Md. Code Ann., Lab. & Empl. §§ 3-501 et seq. (“MWPCL”) (count III), and the Fair Labor Standards Act, 29 U.S.C. §§ 201 et seq. (“FLSA”) (count IV). The complaint alleges unpaid wages back to November 2010. 2. Plaintiffs’ claims under the MWHL are subject to a three-year statute of limitations. Plaintiffs’ MWPCL claims are subject to a three-year and two-week limitations period. Finally, Plaintiffs’ claims under the FLSA are subject to a two or three-year statute of limitations. Case 1:17-cv-00724-GLR Document 4 Filed 04/13/17 Page 1 of 3 2 #15244317 3. Plaintiffs’ claims under the MWHL for unpaid wages which arose prior to March 16, 2014 are time-barred and should be dismissed. 4. Plaintiffs’ claims under the MWPCL for unpaid wages which arose prior to March 2, 2014 are untimely and should be dismissed. 5. Assuming for the purposes of this motion only that the FLSA’s three-year limitations period applies, Plaintiffs’ claims under the FLSA which arose prior to March 16, 2014 are time barred and should be dismissed. WHEREFORE, Defendant respectfully requests that the Court dismiss Plaintiffs’ untimely claims for unpaid wages under the MWHL, MWPCL and FLSA. As further grounds for this motion, the Court’s attention is respectfully invited to the Memorandum of Points and Authorities and proposed Order filed simultaneously herewith. Respectfully submitted, /s/ Todd J. Horn, Bar No. 06849 Lillian L. Reynolds, Bar No. 30225 Venable LLP 750 E. Pratt St., Suite 900 Baltimore, MD 21202 (410) 244-7400 (phone) (410) 244-7742 (facsimile) thorn@venable.com llreynolds@venable.com Attorneys for Defendant Case 1:17-cv-00724-GLR Document 4 Filed 04/13/17 Page 2 of 3 #15244317 CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 13th day of April, 2017, a copy of the foregoing Defendant’s Motion to Dismiss Portions of Plaintiffs’ Complaint, Memorandum of Points and Authorities in support thereof, and proposed Order were sent via this Court’s CM/ECF Delivery to the following: Stephen Lebau Lebau & Neuworth, LLC 606 Baltimore Ave., Suite 201 Towson, MD 21204 (443) 273-1203 (phone) (410) 296-8660 (facsimile) sl@joblaws.net /s/ Todd J. Horn, Bar No. 06849 Case 1:17-cv-00724-GLR Document 4 Filed 04/13/17 Page 3 of 3 15241233_1 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND ALISON M. MURPHY, et al., * Plaintiffs, * v. * Civil Action No. GLR-17-cv-0724 OMNI HOUSE, INC., * Defendant. * * * * * * * * * * * * * * MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF DEFENDANT’S MOTION TO DISMISS PORTIONS OF PLAINTIFFS’ COMPLAINT I. INTRODUCTION In this employment dispute, Plaintiffs Alison Murphy and Breonna Weaver allege that their former employer, Defendant Omni House, Inc., owes them unpaid wages. Plaintiffs assert their claims under the Maryland Wage and Hour Law (“MWHL”), Md. Code Ann., Lab. & Empl. §§ 3-401 et. seq. (counts I and II), the Maryland Wage Payment and Collection Law (“MWPCL”), Md. Code Ann., Lab. & Empl. §§ 3-501 et. seq. (count III), and the Fair Labor Standards Act (“FLSA”), 29 U.S.C. §§ 201 et. seq. (count IV). Plaintiffs also indicate an intention to maintain the case as a collective action under the FLSA. Portions of Plaintiffs’ claims are barred by the governing three-year statutes of limitation and should be dismissed. In this regard, because Plaintiffs filed this lawsuit on March 16, 2017, any claim for unpaid wages arising prior to Case 1:17-cv-00724-GLR Document 4-1 Filed 04/13/17 Page 1 of 3 2 #15241233 March 16, 2014 is untimely and should be dismissed. The complaint, however, asserts claims for alleged unpaid wages as far back as November 2010. For these reasons, discussed in more detail below, the Court should dismiss Plaintiffs’ time barred wage and hour claims. II. LEGAL DISCUSSION Plaintiffs’ claims under the MWHL are governed by a three-year statute of limitations. See Md. Code Ann., Cts. & Jud. Proc. § 5-101 (general three- year statute of limitations); Venagas v. Diaz Granados, Inc., Case No. PWG-15- 2298, 2017 WL 345855, at *2 (D. Md. Jan. 24, 2017). Plaintiffs’ claims under the MWPCL have a limitations period of three years and two weeks. See Butler v. VisionAIR, Inc., 385 F. Supp. 2d 549, 554-55 (D. Md. 2005); Higgins v. Food Lion, Inc. 197 F. Supp. 2d 364, 367 (D. Md. 2002). For purposes of this motion only, Defendant will assume that Plaintiffs’ claims under the FLSA are subject to the three-year limitations period. See 29 U.S.C. § 255(a) (two/three year limitations period under the FLSA). Because Plaintiffs filed this lawsuit on March 16, 2017, any claims under the MWHL and FLSA arising prior to March 16, 2014 are untimely and have “no present legal consequence[ ].” See United Air Lines, Inc. v. Evans, 431 U.S. 553, 558 (1977); Higgins, 197 F. Supp. 2d at 368. Similarly, any claims under the MWPCL based on work performed prior to March 2, 2014 are untimely and should be dismissed. The complaint, however, seeks unpaid wages back to November, 2010. See Complaint at ¶¶ 4, 58. Case 1:17-cv-00724-GLR Document 4-1 Filed 04/13/17 Page 2 of 3 3 #15241233 III. CONCLUSION For all these reasons, the Court should dismiss the claims that are outside the governing statutes of limitations. Respectfully submitted, /s/ Todd J. Horn, Bar No. 06849 Lillian L. Reynolds, Bar No. 30225 Venable LLP 750 E. Pratt St., Suite 900 Baltimore, MD 21202 (410) 244-7400 (phone) (410) 244-7742 (facsimile) thorn@venable.com llreynolds@venable.com Attorneys for Defendant Case 1:17-cv-00724-GLR Document 4-1 Filed 04/13/17 Page 3 of 3 #15244469 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND ALISON M. MURPHY, et al., * Plaintiffs, * v. * Civil Action No. GLR-17-cv-0724 OMNI HOUSE, INC., * Defendant. * * * * * * * * * * * * * * [PROPOSED] ORDER HAVING CONSIDERED Defendant’s Motion to Dismiss Portions of Plaintiffs’ Complaint, and any opposition thereto, it is by this Court this ____ day of _________, 2017: ORDERED, that Defendant’s motion shall be, and the same hereby is, GRANTED. It is further ORDERED, that Plaintiffs’ claims under the Maryland Wage and Hour Law, Md. Code Ann., Lab. & Empl. §§ 3-401 et seq., and the Fair Labor Standards Act, 29 U.S.C. §§ 201 et seq., which arose prior to March 16, 2014 shall be, and the same hereby are, DISMISSED WITH PREJUDICE. It is further ORDERED, that Plaintiffs’ claims under the Maryland Wage Payment Collection Law, Md. Code Ann., Lab. & Empl. §§ 3-501 et seq. which arose prior to March 2, 2014 shall be, and the same hereby are, DISMISSED WITH PREJUDICE. George L. Russell, III United States District Judge Case 1:17-cv-00724-GLR Document 4-2 Filed 04/13/17 Page 1 of 1