On November 1, 2016, defendants made their third dismissal request, this time targeting the overtime claims in plaintiffs’ amended complaint. Defendants’ motion argued that the plaintiffs’ overtime allegations are inadequate. Specifically, that plaintiffs failed to demonstrate that they were “employed” by Uber and Gegen during the overtime hours alleged in the new complaint.

Defendants’ motion also urged the court to strike allegations that they act as a “debt collector” for auto loan companies and insurers, in including Exeter and Knightbrook.  Defendants also asked the court to strike certain allegations regarding UberX as immaterial to plaintiffs’ wage claims.

Read defendants’ brief here: defendants-brief-in-support-of-their-motion-to-dismiss-the-overtime-claims