Legal Opinion

Armijo v. FedEx Ground Package Sys., Inc.

District Court, D. New Mexico

Decided January 3, 2018No. CIV 17–0440 RB/KKPublishedCited by 11 opinions

1Opinion of the Court

ROBERT C. BRACK, UNITED STATES DISTRICT JUDGE

This matter is before the Court on FedEx Ground Package System, Inc.'s Motion to Dismiss in Part, filed on June 15, 2017. (Doc. 20.) Jurisdiction arises under 28 U.S.C. § 1332.1 Having considered the submissions of counsel and the relevant law, the Court will GRANT IN PART the Motion as outlined below.

Plaintiff Jaime Loree Armijo drove a delivery truck for FedEx Ground Package System, Inc. (FedEx) for three years. During her tenure as a driver, she routinely worked substantial overtime hours, but because she was hired as an "independent…

2Cases cited41 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Tal v. HoganCourt of Appeals for the Tenth Circuit · 2006
  4. Barnhart v. Peabody Coal Co.Supreme Court of the United States · 2003
  5. Yates v. United StatesSupreme Court of the United States · 2015

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3Cited by11 opinions

  1. In re Gen. Motors LLCDistrict Court, S.D. Illinois · 2018
  2. Auge v. Stryker CorporationDistrict Court, D. New Mexico · 2021
  3. Big Chief Plant Services, LLC v. Panhandle Maintenance, LLCDistrict Court, D. New Mexico · 2019
  4. Federal Deposit Insurance Corporation v. America West Bank Members, L.C.District Court, D. Utah · 2024
  5. Laboratory Corporation of America, Inc. v. McMahonDistrict Court, D. New Mexico · 2020

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