Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Grimes v. Evergreen Recreational Vehicles, LLC

United States District Court, N.D. Indiana

December 12, 2016

MATTHEW GRIMES, on behalf of himself and all others similarly situated, Plaintiff,
v.
EVERGREEN RECREATIONAL VEHICLES, LLC, KR ENTERPRISES, INC., and JMA, LLC, Defendants.

          OPINION AND ORDER

          THERESA L. SPRINGMANN UNITED STATES DISTRICT COURT FORT WAYNE DIVISION

         This 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.”

         STANDARD OF REVIEW

         A 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.” Fed.R.Civ.P. 8(a)(2).

         In 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).

         Although 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).

         COMPLAINT ALLEGATIONS

         The 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.

         The 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.)

         The 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 ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.