KING
v.
I2 VISUAL, INC.
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The court held that defendant's counterclaims and affirmative defenses seeking set-off are dismissed because they are inappropriate in an FLSA action and would deprive the employee of 'cash in hand'.
Plaintiff sued Defendant for violations of the Fair Labor Standards Act. Defendant filed counterclaims for civil theft and negligence, seeking an amou…
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2. Counts I, II, and III of Defendant’s counterclaims are DISMISSED WITHOUT PREJUDICE to any right Defendant may have to pursue these claims in the appropriate forum. 3. All affirmative defenses that request set-off are STRICKEN. 4. Plaintiff's request for attorney’s fees and costs is DENIED. DONE and ORDERED in Chambers, in Fort Myers, Florida, this 6th day of February, 2020. “TOMBARBER—~OSOS~S
UNITED STATES DISTRICT JUDGE
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- Bell Atl. Corp. v. Twombly, 550 U.S. 544 (U.S. 2007)
- Ashcroft v. Iqbal, 556 U.S. 662 (U.S. 2009)
- Rivell v. Private Health Care Sys., Inc., 520 F.3d 1308 (11th Cir. 2008)
- Grossman v. Nationsbank, N.A., 225 F.3d 1228 (11th Cir. 2000)
- Brennan v. Heard, 491 F.2d 1 (5th Cir. 1974)