At this time, Plaintiff had already filed an action in this Court against the United States challenging the IRS’s seizure of his payroll funds. Between April 11 and August 15, 2020, Defendant levied more than $9,242.65 from Plaintiff’s payroll account. Defendant informed Plaintiff it is “company policy” to levy an employee’s wages upon the IRS’s request. Plaintiff filed a second grievance informing Defendant it would be illegal for Defendant to levy Plaintiff’s payroll funds.
Plaintiff filed a “Grievance/Complaint” with Defendant, informing Defendant that the IRS did not have authority to seize his payroll funds. 2007) (“hen ruling on a motion to dismiss, a court must view the complaint in the light most favorable to the plaintiff and accept all of the plaintiff's wellpleaded facts as true.”). 1 In its motion, Defendant contends Plaintiff incorrectly identified it in the complaint as “Pilgrim Pride Corporation – Payroll Officer.” 2 For purposes of ruling on Defendant’s motion to dismiss, the Court takes Plaintiff’s version of the facts as true. Defendant informed Plaintiff it would levy funds in his payroll account in accordance with the IRS notice. The IRS served a Notice of Federal Tax Lien upon Defendant Pilgrim Pride, Plaintiff’s employer. BACKGROUND 2 In April 2020, the IRS filed a lien against Plaintiff Elijah Thomas in Coffee County Superior Court for the payment of back taxes. The motion has been fully briefed, see dkt.
ORDER Before the Court is a motion to dismiss filed by Defendant Pilgrim’s Pride Corporation. CV 5:22-045 PILGRIM PRIDE CORPORATION – PAYROLL OFFICER, Defendant. 10 Case 5:22-cv-00045-LGW-BWC Document 10 Filed 02/27/23 of 10 In the United States District Court for the Southern District of Georgia Waycross Division ELIJAH THOMAS, Plaintiff, v. Pilgrim Pride Corporation - Payroll Officer Doc.
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