United States District Court, D. Nevada
before the court is defendant Interface Operations LLC's
(“Interface”) motion to dismiss. (ECF No. 18).
Plaintiffs Sean Kennedy, Andrew Snider, Christopher Ward,
Randall Weston, and Ronald Williamson (collectively, as
“plaintiffs”) filed a response (ECF No. 41), to
which Interface replied (ECF No. 44).
before the court is a motion to dismiss filed by defendants
Las Vegas Sands Corp., Las Vegas Sands, LLC, and Sands
Aviation, LLC (collectively, as “Sands”). (ECF
No. 19). Plaintiffs filed a response (ECF No. 39), to which
Sands replied (ECF No. 42).
instant action involves claims for unpaid overtime and
retaliation under the Fair Labor Standards Act (the
“FLSA”). Defendant Sands Aviation, LLC provides
aviation services to executives and patrons of defendants Las
Vegas Sands Corp. and Las Vegas Sands, LLC. (ECF No. 1 at 3).
Defendant Interface provides employment support and payroll
for Sands. (ECF No. 1 at 3).
allege that Sands employed them as company pilots and that
between March 27, 2014 and March 27, 2017, plaintiffs worked
more than eight hours per day and forty hours per workweek
without receipt of overtime compensation. (ECF No. 1 at 5).
March 27, 2017, plaintiffs filed the underlying complaint,
alleging two causes of action: (1) unpaid overtime pursuant
to 29 U.S.C. § 207(a); and (2) retaliation under 29
U.S.C. § 215(a)(3). (ECF No. 1).
instant motions, defendants Interface and Sands move for
dismissal of plaintiffs' complaint pursuant to Federal
Rule of Civil Procedure 12(b)(6). (ECF Nos. 18, 19).
may dismiss a complaint for “failure to state a claim
upon which relief can be granted.” Fed.R.Civ.P.
12(b)(6). A properly pled complaint must provide “[a]
short and plain statement of the claim showing that the
pleader is entitled to relief.” Fed.R.Civ.P. 8(a)(2);
Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555
(2007). While Rule 8 does not require detailed factual
allegations, it demands “more than labels and
conclusions” or a “formulaic recitation of the
elements of a cause of action.” Ashcroft v.
Iqbal, 556 U.S. 662, 678 (2009) (citation omitted).
allegations must be enough to rise above the speculative
level.” Twombly, 550 U.S. at 555. Thus, to
survive a motion to dismiss, a complaint must contain
sufficient factual matter to “state a claim to relief
that is plausible on its face.” Iqbal, 556
U.S. at 678 (citation omitted).
Iqbal, the Supreme Court clarified the two-step
approach district courts are to apply when considering
motions to dismiss. First, the court must accept as true all
well-pled factual allegations in the complaint; however,
legal conclusions are not entitled to the assumption of
truth. Id. at 678-79. Mere recitals of the elements
of a cause of action, supported only by conclusory
statements, do not suffice. Id. at 678.
the court must consider whether the factual allegations in
the complaint allege a plausible claim for relief.
Id. at 679. A claim is facially plausible when the
plaintiff's complaint alleges facts that allow the court
to draw a reasonable inference that the defendant is liable
for the alleged misconduct. Id. at 678.
the complaint does not permit the court to infer more than
the mere possibility of misconduct, the complaint has
“alleged-but not shown-that the pleader is entitled to
relief.” Id. (internal quotation marks
omitted). When the allegations in a complaint have not
crossed the line from conceivable to plausible,
plaintiff's claim must be dismissed. Twombly,
550 U.S. at 570.
Ninth Circuit addressed post-Iqbal pleading
standards in Starr v. Baca, 652 F.3d 1202, 1216 (9th
Cir. 2011). The ...