Pauly v. Eagle Point Software Co., Inc.

Memorandum Opinion and Order on Plaintiffs’ Motion to Remand

MELLOY, Chief Judge.

I. Introduction

In Johnson v. Butler Bros., 162 F.2d 87 (1947), the Eighth Circuit held that Congress intended to preclude the removal of cases arising under the Fair Labor Standards Act (“FLSA”), 29 U.S.C. § 201 et seq. from state into federal court. In this FLSA case, the defendant, Eagle Point, removed this case from state court. Citing Johnson, the plaintiffs objected to the removal and have moved to remand this case back to the state court. Eagle Point resists the remand, arguing that Johnson has been undone…