Legal Opinion

Arundar v. Staff Builders Temporary Personnel, Inc.

District Court, N.D. Georgia

Decided January 4, 1982No. Civ. A. No. 80-1417Published

1Opinion of the Court

ORDER

ORINDA D. EVANS, District Judge.

This action for overtime pay under the Fair Labor Standards Act, 29 U.S.C. §§ 201 et seq., is before the Court on defendant’s motion to dismiss, Rules 12(b), 41(b), Fed.R. Civ.P., and plaintiff’s motion for amendment of service of process, Rule 4(h), Fed.R. Civ.P.

The bases of defendant’s motions are that there is no jurisdiction over defendant because there has never been proper service of process on defendant, and that plaintiff has failed to prosecute this action and to comply with the orders of this Court.

Plaintiff concedes that the person named in the…

2Cases cited16 opinions

  1. Link v. Wabash RailroadSupreme Court of the United States · 1962
  2. Sam L. CARTER, Plaintiff-Appellant, v. CITY OF MEMPHIS, TENNESSEE, Defendant-AppelleeCourt of Appeals for the Sixth Circuit · 1980
  3. Albert Flaksa v. Little River Marine Construction Co., Inc.Court of Appeals for the Fifth Circuit · 1968
  4. Powell v. Committee on Admissions & Grievances of the United States District Court for the District of ColumbiaSupreme Court of the United States · 1968
  5. Linda Roberta POND, Plaintiff-Appellant, v. BRANIFF AIRWAYS, INCORPORATED, Defendant-AppelleeCourt of Appeals for the Fifth Circuit · 1972

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