Lewis v. Budget Host Inn, 3:23-cv-00163

Plaintiff Megan Lewis alleges that Budget Host Inn and Botkins Hotel, LLC did not pay her and others minimum wages and overtime in violation of the Fair Labor Standards Act (FLSA) and Ohio law.
Lewis also claims retaliation by Defendants after she raised wage complaints.
Defendant Botkins Hotel moved to dismiss certain claims under FRCP 12(b)(7), arguing that the Estate of Jason Miller, former owner, must be joined as a necessary party under Rule 19.
At issue is whether successor liability can be imposed on Defendants without joining the prior owner's estate.
The Court is reviewing a motion to dismiss at the pleading stage, where facts alleged by Lewis are taken as true.
The Estate of Jason Miller is currently not a party to the litigation.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Estate of prior owner is a necessary party for FLSA and retaliation claims (Rule 19)	Successor liability applies, so complete relief can be accorded between current parties	Estate must be joined for proper determination and relief under successor liability	Court held Estate is not necessary party under Rule 19; motion to dismiss denied

JPMorgan Chase Bank, N.A. v. Winget, 510 F.3d 577 (6th Cir. 2007) (standard for Fed. R. Civ. P. 12(b)(7) motions and construing pleadings at motion to dismiss stage)
Cobb v. Cont. Transp., Inc., 452 F.3d 543 (6th Cir. 2006) (setting forth multi-factor test for successor liability in the employment law context)
EEOC v. MacMillan Bloedel Containers, Inc., 503 F.2d 1086 (6th Cir. 1974) (sets framework for analyzing successor liability)
Jones v. City of Cincinnati, 521 F.3d 555 (6th Cir. 2008) (pleading standard on a motion to dismiss)