United States District Court, N.D. Indiana
MATTHEW GRIMES, on behalf of himself and all others similarly situated, Plaintiff,
EVERGREEN RECREATIONAL VEHICLES, LLC, KR ENTERPRISES, INC., and JMA, LLC, Defendants.
OPINION AND ORDER
THERESA L. SPRINGMANN UNITED STATES DISTRICT COURT FORT WAYNE
matter is before the Court on Defendants KR Enterprises, Inc.
and JMA, LLC's Motion to Dismiss Plaintiff's Class
Action Complaint [ECF No. 12], filed on September 20, 2016.
Two of the Defendants, KR Enterprises, Inc., and JMA, LLC,
maintain that the Plaintiff's Class Action Complaint for
Violation of the Worker Adjustment and Retraining
Notification Act (WARN Act) does not state a claim upon which
relief can be granted because it fails to plead sufficient
facts to plausibly demonstrate that they-together with the
third Defendant, EverGreen Recreational Vehicles,
LLC-constitute a “single employer.”
motion to dismiss pursuant to Rule 12(b)(6) tests the
sufficiency of the complaint, not the merits of the case.
Gibson v. City of Chi., 910 F.2d 1510, 1520 (7th
Cir. 1990). Requirements for stating a claim under the
federal pleading standards are straightforward. The complaint
must contain a “short and plain statement of the claim
showing that the pleader is entitled to relief.”
considering motions to dismiss for failure to state a claim,
the court presumes all well-pleaded allegations to be true,
views them in the light most favorable to the plaintiff, and
accepts as true all reasonable inferences to be drawn from
the allegations. Whirlpool Fin. Corp. v. GN Holdings,
Inc., 67 F.3d 605, 608 (7th Cir. 1995). A complaint must
contain sufficient factual matter to “state a claim
that is plausible on its face.” Bell Atl. Corp. v.
Twombly, 550 U.S. 544, 570 (2007). “A claim has
facial plausibility when the pleaded factual content allows
the court to draw the reasonable inference that the defendant
is liable for the misconduct alleged.” Ashcroft v.
Iqbal, 556 U.S. 662, 678 (2009) (citing
Twombly, 550 U.S. at 556).
the court must accept as true all well-pleaded facts and draw
all permissible inferences in the Plaintiff's favor, it
need not accept as true “[t]hreadbare recitals of the
elements of a cause of action, supported by mere conclusory
statements.” Iqbal, 556 U.S. at 678 (citing
Twombly at 555). Legal conclusions can provide a
complaint's framework, but unless well-pleaded factual
allegations move the claims from conceivable to plausible,
they are insufficient to state a claim. Id. at 680.
A plaintiff can also plead himself out of court if he pleads
facts that preclude relief. See Atkins v. City of
Chi., 631 F.3d 823, 832 (7th Cir. 2011); Edwards v.
Snyder, 478 F.3d 827, 830 (7th Cir. 2007); McCready
v. Ebay, Inc., 453 F.3d 882, 888 (7th Cir. 2006).
following allegations are set forth in the Complaint for
Violation of WARN Act, 29 U.S.C. § 2101 [ECF No. 1],
filed by Plaintiff Matthew Grimes.
Plaintiff was directly employed by EverGreen Recreational
Vehicles, LLC (EverGreen), which is an Indiana corporation
with its principal place of business on County Road 2 in
Middlebury, Indiana. The Plaintiff worked at the County Road
Facility. Upon information and belief, EverGreen also
operated under the business name of Lifestyle Luxury RV.
Defendant KR Enterprises, Inc. (KR) is an Indiana
corporation, with its principal place of business on Lovejoy
Drive in Middlebury, Indiana. Defendant JMA LLC (JMA) is an
Indiana corporation with its principal place of business
located on Hilltop Road in Union, Michigan. “Defendants
KR and JMA were the managers of EverGreen and upon
information and belief, they were its owners.” (Compl.
¶ 13, ECF No. 1.)
Plaintiffs employment was terminated on June 8, 2016. About
270 other similarly situated employees “were terminated
without cause as the reasonably foreseeable consequence of
the mass layoffs and/or plant closings by Defendants.”
(Id. ¶ 14.) The terminations occurred without
sixty days advance notice to the employees. The terminated
employees worked at either the County Road Facility or the
Lovejoy Facility. The Defendants employed more than 100
employees who in the aggregate worked at least 4, 000 hours
per week, exclusive of hours of overtime. The Defendants
constitute a single employer because:
(a) Defendants shared common ownership, in that, upon
information and belief, KR and JMA owned EverGreen;
(b) Defendants shared common officers and directors, in that
EverGreen's founders and officers were the owners and
officers of KR and JMA:
i. KR Kelly Rose is the President.
ii. JMA: Michael Schoeffler is the ...