Goplin v. WeConnect, Inc.

Dist. Ct. did not err in denying defendant’s motion to dismiss plaintiff’s Fair Labor Standards Act claim on ground that said claim was subject to arbitration agreement that plaintiff signed with “Alternative Entertainment, Inc.” (AEI) when he began his employment, where Dist. Ct. found that defendant had failed to show that it was same company as AEI so as to allow defendant to enforce arbitration agreement. Fact that defendant submitted affidavit from its Director of Human Resources stating that defendant was formerly known as AEI, or that defendant presented more evidence in its motion for reconsideration did not require different result, since: (1) claim in affidavit was only conclusory; and (2) defendant’s supplemental evidence presented in motion for reconsideration was neither newly discovered nor unknown, and thus defendant should have proffered said evidence during pendency of motion to dismiss. Moreover, Dist. Ct. could properly note mention of both defendant and AEI in defendant’s website to support notion that defendant was separate entity from AEI, where plaintiff had alerted Dist. Ct. to defendant’s website in plaintiff’s briefing.