FRCP 12(b)(6) motions are sometimes joined with 12(e) requests for more information. This order granted or denied the former – no repleading required.
This is a Fair Labor Standards Act case, in which the plaintiff alleged that the defendant should have paid managers overtime compensation.
After reviewing the Defendant’s FRCP 59(e) motion, the Court agreed that its Findings of Fact and Conclusion of Law should be amended, but that the change didn’t disturb the result of the final judgment.
This case was filed as a collective action under the Fair Labor Standards Act, 29 U.S.C. § 201 et seq. and also asserted individual claims for retaliation. It’s particularly useful because it addresses a motion for partial summary judgment as to the individual retaliation claim, and takes the form of a report & recommendation by the magistrate judge, which was affirmed by the district judge. I have attached both orders to the analysis below.