ORTON v. JOHNNY'S LUNCH FRANCHISE, LLC

No. 10-2044.

668 F.3d 843 (2012)

John ORTON, Plaintiff-Appellant, v. JOHNNY'S LUNCH FRANCHISE, LLC; Anthony J. Calamunci, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: February 21, 2012.


Attorney(s) appearing for the Case

ARGUED: David M. Blanchard , Nacht, Roumel, Salvatore, Blanchard & Walker, P.C., Ann Arbor, Michigan, for Appellant. Anthony J. Calamunci , Roetzel & Andress, LPA, Toledo, Ohio, for Appellees. ON BRIEF: David M. Blanchard , Nacht, Roumel, Salvatore, Blanchard & Walker, P.C., Ann Arbor, Michigan, for Appellant. Anthony J. Calamunci , Roetzel & Andress, LPA, Toledo, Ohio, for Appellees.

MOORE, J., delivered the opinion of the court, in which MAYS, D.J., joined. MERRITT, J. (p. 850-51), delivered a separate concurring opinion.


OPINION

KAREN NELSON MOORE, Circuit Judge.

John Orton appeals from the district court's dismissal of his claims against Johnny's Lunch Franchise, LLC, and Anthony Calamunci for unpaid wages and expenses from August 2008 to December 2008. Orton sued under the Fair Labor Standards Act ("FLSA"), 29 U.S.C. §§ 201, et seq., and various state laws. The district court granted the defendants' motion to dismiss the FLSA claim on the ground that Orton...

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