Browne et al v. PAM Transport Inc et al, No. 5:2016cv05366 - Document 222 (W.D. Ark. 2020)

Court Description: OPINION AND ORDER deferring ruling on 146 Motion for Partial Summary Judgment; denying 154 Motion to Modify Certification Order; denying 156 Motion to Decertify FLSA and Rule 23 Classes; denying 158 Motion to Dismiss Opt-Ins and granting in part and denying in part 213 Supplemental Motion for Summary Judgment on the Claims of Certain Opt-In Plaintiffs (see Order for specifics). Signed by Honorable Timothy L. Brooks on January 24, 2020. (tg)
Download PDF
Browne et al v. PAM Transport Inc et al Doc. 222 Dockets.Justia.com order on this matter, judicial estoppal is not appropriately applied to Michael Hawkins or Tammy Thompson. Defendants' Motion (Doc. 213) is GRANTED IN PART AND DENIED IN PART. It is granted as to Bradley Creech, Jason DeGroot, Rodney Eddings, Richard Giford, Leslie Griggs, Jason Gunter, and Steven Redmond, who are hereby estopped and dismissed from this suit. It is denied as to Michael Hawkins and Tammy Thompson. VI. CONCLUSION For the reasons given above, Defendants' Motion or Partial Summary Judgment on FLSA Claims Based on Statute of Limitations (Doc. 146) is DEFERRED, and the paties are directed to provide a status repot to the Cout as to which Opt-In Plaintifs, if any, there is a dispute factual dispute whether their FLSA claims are barred by the statute of limitations no later than Januay 31, 2020. Defendants' Motion to Modiy Certification Order of the Rule 23 Class (Doc. 154) is DENIED. Defendants' Motion to Decetiy FLSA and Rule 23 Classes (Doc. 156) is DENIED. Defendants' Motion to Dismiss Opt-Ins or Failing to Appear at Deposition or Participate in Discovery (Doc. 158) is DENIED. Plaintifs' counsel is directed to confirm by Januay 31, 2020 the names of those Opt-In Plaintifs who did not appear or scheduled and noticed depositions so that the Cout may issue a Show Cause Order. Defendants' Supplemental Motion or Summary Judgment on the Claims of Certain Opt-In Plaintifs Based on Judicial Estoppal (Doc. 213) is GRANTED IN PART AND DENIED IN PART. IT IS SO ORDERED on this 24th day of January, /UNIT, 15 /