Harmon et al v. Dyncorp International, Inc., No. 1:2013cv01597 - Document 64 (E.D. Va. 2015)

Court Description: MEMORANDUM OPINION re: Deft's Motion to Dismiss Pltfs' Second Amended Complaint. Signed by District Judge Leonie M. Brinkema on 02/06/15. (pmil, )

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Harmon et al v. Dyncorp International, Inc. Doc. 64 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division CYNTHIA HARMON, FRAZIER SHACK, YVETTA HORSFORD-SMITH, SHONDALE ALFORD, and MELVIN RILEY, l:13cvl597 (LMB/TRJ) Plaintiffs, V. DYNCORP INTERNATIONAL, INC, a.k.a. DYNCORPINTERNATIONA, LLC, Defendant. MEMORANDUM OPINION Before the Court is Defendant's Motion to Dismiss Plaintiffs' Second Amended Complaint. For the reasons statedduringthe oral argument of the motionand in this opinion, the motion will be granted. I. BACKGROUND On December 31,2013, plaintiffs filed their first Complaint againstthe parentcompany oftheir former employer,^ alleging that the defendant refused to pay them for work performed and discriminated against them on various bases, including race. Defendant timely filed a motion to dismiss the Complaint. Rather than oppose the motion, plaintiffs filed their First Amended Complaint ("FAC"). In the FAC, plaintiffs asserted common law claims and claims under 42 U.S.C. ยง 1981, which prohibits discrimination in contracting. The FAC requested aggregate actual damages of ' Each complaint has named the defendant differently. See Part 11(B), infra. The period that should appear after "Inc" and the "1" that should appear in "DjaiCorp Intemationa, LLC" were missing from the caption of the most recent version of the Complaint. This Opinion uses the proper names for these entities. Dockets.Justia.com

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