Robinson v. Lewis Chrysler-Dodge, Inc.

Opinion

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FAYETTEVILLE DIVISION

TAMBRA M. ROBINSON PLAINTIFF

v. No. 5:21-CV-05142

LEWIS CHRYSLER-DODGE, INC. DEFENDANT

OPINION AND ORDER

Before the Court is Defendant Lewis Chrysler-Dodge, Inc.’s motion (Doc. 8) to dismiss and brief in support (Doc. 9). Plaintiff Tambra Robinson filed a response (Doc. 11) in opposition, statement of facts (Doc. 12), and brief (Doc. 13). The motion will be denied. Plaintiff’s complaint alleges Defendant violated her rights under the Family Medical Leave Act (“FMLA”), 29 U.S.C. § 2601, et seq. Defendant argues Plaintiff’s complaint must be dismissed because Plaintiff has failed to state a claim and lacks standing. Specifically, Defendant argues Plaintiff resigned prior to requesting FMLA leave. Defendant’s motion incorporates six exhibits that were not attached to the complaint, however, and the Court will not consider these exhibits. See Casazza v. Kiser, 313 F.3d 414, 417-418 (8th Cir. 2002) (finding court does not convert a motion to dismiss into a motion for summary judgment when it does not rely upon matters outside the complaint). When ruling on a motion to dismiss under Rule 12(b)(6), the Court looks only to facts alleged in the challenged complaint, materials that do not contradict it, and materials necessarily embraced by the pleadings. Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009); Glick v. W. Power Sports, Inc., 944 F.3d 714, 717 (8th Cir. 2019) (citing Smithrud v. City of St. Paul, 746 F.3d 391, 397 (8th Cir. 2014)); Carlsen v. GameStop, Inc., 833 F.3d 903, 908 (8th Cir. 2016). “[A] complaint must contain sufficient factual matter, accepted as true, to state a claim to relief that is plausible on its face.” Ashcroft, 556 U.S. at 678 (internal citations omitted). Here, Plaintiff has alleged facts sufficient to state a claim for an FMLA claim. IT IS THEREFORE ORDERED that Defendant’s motion (Doc. 8) is DENIED. IT IS SO ORDERED this 9th day of September, 2021. /s/P. K. Holmes, III

P.K. HOLMES, III U.S. DISTRICT JUDGE