Tobin v. David Witherspoon, Inc.

ROBERT L. TAYLOR, District Judge.

This case is before the court on defendant’s motion made under Fed.Rules Civ.Proc. rule 12(e), 28 U.S.C.A., to require plaintiff to make the complaint more specific. The complaint charges that Donaldson, Dills and Miller, employees of defendant were underpaid minimum wages and overtime compensation due them under the provisions of the Fair Labor Standards Act of 1938, as amended. 29 U.S.C. A. § 208 et seq. The periods of time that the employees worked for the defendant, as well as the amount allegedly due each employee, are set out in the complaint.

The…