Cummings v. Cenergy International Services, LLC

MEMORANDUM DECISION AND ORDER

L INTRODUCTION

Currently pending before the Court are Plaintiffs’ Donnie Cummings, Christopher *1102 Jones, and Charles Beaty (“Plaintiffs”) motion for a preliminary injunction against Defendant Cenergy International Services, LLC (“Cenergy”) and Cenergy’s motion to dismiss Plaintiffs’ complaint for lack of subject matter jurisdiction and failure to state a claim under Federal Rules of Civil Procedure 12(b)(1) and (b)(6), respectively. The hearings on these motions were vacated and the motions were taken under submission. For the reasons set forth below, Cenergy’s motion to dismiss is GRANTED, and Plaintiffs shall file an amended complaint within 14 days from the date of this order. Plaintiffs’ motion for a preliminary injunction will be held in abeyance until after an amended complaint and responsive pleading have been filed.

II. FACTUAL BACKGROUND

Plaintiffs performed work for the Chevron corporation as well site/drill site managers, and allege they were intentionally misclassified as independent contractors by Chevron and impermissibly denied overtime wages pursuant to the Fair Labor Standards Act (“FLSA”), 29 U.S.C. § 216 (b). Plaintiffs are…