Morgan
Morgan v. County of Yolo
Opinion
Opinion
England, J.
MEMORANDUM AND ORDER
Through the present lawsuit, Plaintiff Dave Morgan (“Plaintiff’) seeks judicial determination that enforcement of his Employment Contract with Defendant County of Yolo would violate the Fair Labor Standards Act, 29 U.S.C. § 201 et seq. (“FLSA”) as well as the provisions of 42 U.S.C. § 1983 and various state laws.
Both the County of Yolo and the remaining named Defendant, Sheriff E.G. Prieto, now move for judgment on the pleadings under Federal Rule of Civil Procedure 12(c) on grounds that the County has dismissed, with prejudice, its lawsuit seeking to enforce the contractual provisions objected to by Plaintiff. Because the whole of Plaintiffs lawsuit derives from the alleged impropriety of said provisions, Defendants contend that this entire matter has been rendered moot and request that judgment accordingly be entered on their behalf. As set forth below, the Court agrees that since Defendants have definitively abandoned any further attempts to enforce the employment contract against Plaintiff, Plaintiff no longer has any justiciable controversy for which any relief can be afforded. Judgment on the pleadings will therefore be granted.