Marvin, who is paid hourly, sues his employer, the state of Montana, alleging that it failed...

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Marvin, who is paid hourly, sues his employer, the state of Montana, alleging that it failed to pay him 1.5 times his regular pay for certain weeks in which he worked more than 40 hours in a week. Before the parties exchange discovery requests, Montana moves to dismiss the suit. The court is most likely to rule that the case should be decided on a summary-judgment motion or at trial rather than on a motion to dismiss. the suit can proceed. O the defendant is immune from the suit the parties should engage in discovery before it rules on the motion to dismiss. Marvin, who is paid hourly, sues his employer, the state of Montana, alleging that it failed to pay him 1.5 times his regular pay for certain weeks in which he worked more than 40 hours in a week. Before the parties exchange discovery requests, Montana moves to dismiss the suit. The court is most likely to rule that the case should be decided on a summary-judgment motion or at trial rather than on a motion to dismiss. the suit can proceed. O the defendant is immune from the suit the parties should engage in discovery before it rules on the motion to dismiss.