Legal Opinion

Cuervo v. Airport Services, Inc.

District Court, S.D. Florida

Decided November 22, 2013No. Case No. 12-20608-CIVPublishedCited by 4 opinions

1Opinion of the Court

AMENDED ORDER DENYING MOTION TO DISMISS AND STAYING PORTION OF CASE 1

JONATHAN GOODMAN, United States Magistrate Judge.

In their amended complaint, Plaintiffs2 allege that defendant Proficient Services, LLC (“Proficient”) is liable for defendant Airport Services, Inc.’s (“ASI”) Fair Labor Standards Act (“FLSA”), 29 U.S.C. § 201 et seq., violations because it is ASI’s successor in interest. Proficient moved to dismiss the amended complaint by arguing, in part, that no cause of action for successor liability exists under the FLSA in this Circuit. After closely examining the applicable case law…

2Cases cited27 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Conley v. GibsonSupreme Court of the United States · 1957
  4. John Wiley & Sons, Inc. v. LivingstonSupreme Court of the United States · 1964
  5. Golden State Bottling Co. v. National Labor Relations BoardSupreme Court of the United States · 1973

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3Cited by4 opinions

  1. Valdez v. Celerity Logistics, Inc.District Court, N.D. Texas · 2014
  2. Floridians for Solar Choice, Inc. v. PCI Consultants, Inc.District Court, S.D. Florida · 2020
  3. Lobo v. Sprint Safety, Inc.District Court, S.D. Texas · 2020
  4. Northstar Regional P.S.C. v. InSync Healthcare Solutions LLCDistrict Court, M.D. Florida · 2025

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