Billingsley
Billingsley v. MV Transportation, Inc.
Opinion
Lead Opinion
Lawrenceneill, J.
ORDER AND MEMORANDUM DECISION GRANTING DEFENDANT’S MOTION TO DISMISS PLAINTIFF’S COMPLAINT WITHOUT PREJUDICE AND WITH LEAVE TO AMEND
I. INTRODUCTION
Pending before the Court is Defendant MV Transportation, Inc.’s (“MVT”) motion to dismiss Plaintiff Ronald Billingsley’s (“Plaintiff’) complaint without leave to amend pursuant to Federal Rule of Civil Procedure 12(b)(6). (Doc. 6.) Plaintiff filed an opposition on February 28, 2017, and MVT filed a reply on March 7, 2017. The matter was taken under submission pursu *1013 ant to Local Rule 230(g), and the hearing originally set for March 7, 2017, was vacated. 1 For the reasons set forth below, MVT’s motion to dismiss is GRANTED in part; Plaintiff may file an amended complaint within 14 days if he is able to cure the deficiencies discussed below.
II. PROCEDURAL AND FACTUAL BACKGROUND
Plaintiff alleges that between April 2006 and May 12, 2015, he was employed by MVT as a bus driver. (Cmplt., Doc. 1-1, ¶ 7.) The employer-employee relationship between Plaintiff and MVT was governed by a collective bargaining agreement (“CBA”) between MVT and Teamster Local 517 (the “Union”). (Cmplt., Doc. 1-1, ¶¶ 9-11.) 2 During his employment,…