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Zmirich v. Stange Law Firm, PC

United States District Court, Eastern District of Missouri, Eastern Division

December 11, 2014

MICHELLE ZMIRICH, Plaintiff,
v.
STANGE LAW FIRM, PC, Defendant.

MEMORANDUM AND ORDER

E. RICHARD WEBBER, SENIOR UNITED STATES DISTRICT JUDGE.

This matter comes before the Court on “Defendant’s Motion to Dismiss” [ECF No. 7].

I. BACKGROUND

Plaintiff Michelle Zmirich initiated this lawsuit by filing a Petition (hereinafter “Complaint”) in the Circuit Court of St. Charles County, Missouri, on October 1, 2014 [ECF No. 3]. The Petition, brought against Defendant Stange Law Firm, PC, alleges the following causes of action: violations of the Missouri Minimum Wage Law (Count I); violations of the Fair Labor Standards Act (“FLSA”) (Counts II and VII); unpaid wages pursuant to section 290.110 RSMo (Count III); quantum meruit (Count IV); unjust enrichment (Count V); wrongful termination (common law) (Count VI); wrongful termination (harassment) (Count VIII); and wrongful termination (assault) (Count IX).

Under Count IV, for quantum meruit, the Complaint contains the following statements:

58. Plaintiff re-alleges and incorporates by reference all facts contained in the previous paragraphs of her Petition as though fully stated herein.
59. Plaintiff provided services to Defendant Stange at the Defendant’s request and/or with Defendant Stange’s acquiescence.
60. Defendant Stange benefited from Plaintiff’s services.
61. The services provided by the Plaintiff to Defendant Stange had a reasonable value.
62. Despite demand for payment, Defendant Stange have failed and refused to pay the reasonable value of the services.

[ECF No. 3 at ¶¶ 58-62]. Further, under Count V, for unjust enrichment, the Complaint contains the following statements:

63. Plaintiff re-alleges and incorporates by reference all facts contained in the previous paragraphs of her Petition as though fully stated herein.
64. Plaintiff conferred a benefit upon Defendant Stange in that they provided the ...

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