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WILEY v. ASPLUNDH TREE EXPERT CO.

Civil Action No. 2:13-cv-02952.

4 F.Supp.3d 840 (2014)

Curtis WILEY, Plaintiff, v. ASPLUNDH TREE EXPERT CO., Defendant.

United States District Court, S.D. West Virginia, Charleston Division.

Signed March 17, 2014.

Attorney(s) appearing for the Case

Anthony David Nichols , Jason J. Stemple , L. David Duffield , Duffield Lovejoy & Stemple, Huntington, WV, Vincent Trivelli , Law Office of Vincent Trivelli, Morgantown, WV, for Plaintiff.

Joseph U. Leonoro , Steptoe & Johnson, Charleston, WV, Nora Clevenger Price , Steptoe & Johnson, Huntington, WV, for Defendant.

MEMORANDUM OPINION AND ORDER

THOMAS E. JOHNSTON, District Judge.

Pending is Defendant Asplundh Tree Expert Co.'s motion for dismissal of Count Four of Plaintiffs' First Amended Complaint [ECF 15]. For the reasons set forth below, the Court GRANTS the motion.

I. BACKGROUND

This putative collective action centers on allegations that Defendant Asplundh Tree Expert Co. ("Asplundh") failed to pay overtime to its employees...

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