Larimer

ORDER GRANTING DEFENDANTS’ MOTION TO DISMISS

I. INTRODUCTION

Maurice Larimer (“Plaintiff’) brings this action against Konocti Vista Casino, Resort, Marina, & RV Park (“Konocti Vista”) and Anthony Jack (“Jack”) (collectively, “Defendants”), alleging failure to pay overtime wages in violation of the Fair Labor Standards Act (“FLSA”), 29 U.S.C. §§ 207 (a), 216, and breach of employment contract. Plaintiff alleges that Defendant Konocti Vista, his former employer, failed to pay him overtime wages and failed to keep accurate pay records in violation of the FLSA.

Presently before the Court is Defendants’ Motion to Dismiss. The Court conducted a hearing on September 19, 2011. Based on the papers submitted to date and oral argument, the Court GRANTS Defendants’ Motion to Dismiss.

II. BACKGROUND

In a Complaint filed on March 7, 2011, Plaintiff alleges as follows:

Breach of Employment Contract; and (2) Failure to pay overtime in violation of the Fair Labor Standards Act, 29 U.S.C. §§ 206 , 207.

Presently before the Court is Defendants’ Motion to Dismiss for lack of subject matter jurisdiction, personal jurisdiction and insufficiency of process. Because the issue of subject matter…