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Oliver v. Rio Acquisition Partners LLC

FLSA Pay Claim Inadequately Stated; Hours Worked, Unpaid Not Alleged or Estimated

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MEMORANDUM OPINION AND ORDERI. Introduction Chrisanne Oliver (“Plaintiff”) works as a merchandiser for DVD kiosks owned by Rio Acquisition Partners, LLC, Xpress Retail, LLC, and DVD Xpress, LLC (collectively “Defendants”), for which she is compensated at some (unspecified) contractually agreed upon hourly rate. Plaintiff alleges that Defendants have failed to pay her for some (again, unspecified) additional number of hours worked, and that these unpaid hours cause her to receive less than the federally mandated minimum wage as required by the Fair Labor Standards Act (“FLSA”). 29 U.S.C. §201 et seq. Because Plaintiff’s complaint contains little more than boilerplate recitations of the elements of the claims asserted, Plaintiff has failed to plausibly state a claim upon which relief can be granted and Defendants’ motion to dismiss is GRANTED.II. BackgroundA. Factual BackgroundPlaintiff, a citizen of Idaho, is an employee of Defendants who do business as DVDXpress, a company that sells DVDs through DVD Rental kiosks primarily in retail/grocery stores around the country. Am. Compl. (ECF No. 20)

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