Janice Hosler, et al v. Smithfield Packing Company, Inc., No. 7:2007cv00166 - Document 442 (E.D.N.C. 2010)

Court Description: ORDER granting in part and denying in part 349 Motion for Partial Summary Judgment; granting in part and denying in part 356 Motion for Partial Summary Judgment; granting in part and denying in part 358 Motion for Partial Summary Judgment and a dopting Report and Recommendations re 426 Memorandum and Recommendations. The court ADOPTS the recommendation of the magistrate judge as its own. Plaintiffs' motion for partial summary judgment is GRANTED as to defendant's Third Defense (good faith under 29 U.S.C. § 259). In all other respects, plaintiffs' motion is DENIED. Defendant's motion for partial summary judgment is GRANTED as to plaintiffs' claim for time spent obtaining non-unique equipment and such cl aim is DISMISSED with prejudice. In all other respects, defendant's motion is DENIED. Defendant's motion for partial summary judgment is GRANTED as to plaintiffs' claim that defendant be required to measure each individual employee's time spent on compensable pre- and post- production activities, and such claim is DISMISSED with prejudice. In all other respects, defendant's motion is DENIED. Signed by Senior Judge Malcolm J. Howard on 9/24/2010. (Heath, D.)