Cockman v. Assignment Desk Works LLC et al, No. 2:2019cv03082 - Document 49 (D.S.C. 2021)
Court Description: OPINION AND ORDER: It is ordered that : Plaintiff's Motion for Conditional Class Certification (ECF No. 18) is GRANTED; Defendants' Motion for Relief from Mediation (ECF No. 24) is DENIED as moot, and the parties are hereby instructed to schedule and complete mediation within 60 days of the entry of this Order; Defendant's Motion for Summary Judgment as to Patrick Bryant (ECF No. 27) is GRANTED; Defendants' Motion for Summary Judgment (ECF No. 29) is DENIED; Plaintiff's Motion for Summary Judgment (ECF No. 33) is GRANTED in part and DENIED in part; and Defendants' Motion to Strike and/or Deny Plaintiffs; Motion for Partial Summary Judgment and/or Award Sanctions to the Defendants (ECF No. 34) is DENIED. Signed by Honorable Bruce Howe Hendricks on 5/3/2021. (vdru, )
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Dockets.Justia.com Opinion and Order Cockman v. Assignment Desk Works LLC et al Doc. 49 BACKGROUND et seq. Id. Id. Id. Id. Id. Id. Id. Id. Id. Id. Id. See Id. See id. See id. Id. Id. Id. Id. Id. Id. See Id. Id. Id. Id. Id. See id. Id. Id. See Id. Id. Id. Id. LEGAL STANDARD See Celotex Corp. v. Catrett Anderson v. Liberty Lobby, Inc. Id. United States v. Diebold, Inc. Anderson See Ross v. Communications Satellite Corp. Anderson DISCUSSION A. Plaintiff’s Motion for Conditional Class Certification Hoffman-Laroche v. Sperling Shaffer v. Farm Fresh Bernard v. Household Int’l Inc. Choimbol v. Fairfield Resorts, Inc. Id. Id. LaFleur v. Dollar Tree Stores, Inc. See Hoffman-Laroche Johnson v. TGF Precision Haircutters, Inc. Choimbol inter alia All current and former Assignment Desk Production Coordinators who were not paid overtime wages for all hours worked in excess of forty (40) hours per work week from [three years from the date of the Court’s Conditional Certification Order] to the present Rassoull v. Maximus, Inc. See See Galvan v. DNV GL USA, Inc. B. Defendant’s Motion for Summary Judgment as to Patrick Bryant Kerr v. Marshall Univ. Bd. of Governors Benshoff v. City of Virginia Beach Benshoff Kerr Herman v. RSR Sec. Servs. Ltd. Perez v. Ocean View Seafood Rest., Inc. Brock v. Superior Care, Inc. Garcia v. Frog Island Seafood, Inc. Gray v. Powers Id. Patel v. Wargo See C. Defendants’ and Plaintiffs’ Motions for Summary Judgment 1. Administrative Capacity Exemption See Desmond v. PNGI Charles Town Gaming, LLC Williams v. Genex Servs., LLC Icicle Seafoods, Inc. v. Worthington Encino Motorcars, LLC v. Navarro See See running or servicing of the business See See See e.g. Calderon v. GEICO General Ins. Co. Desmond Desmond Desmond v. PNGI Charles Town Gaming, L.L.C. Id. Desmond Id. Id. Id. Desmond Bratt v. County of Los Angeles See McKeen-Chaplin v. Provident Sav. Bank, FSB See Icicle Seafoods 2. Retaliation Claim Darveau v. Detecon, Inc. See Kasten v. Saint-Gobain Performance Plastics Corp. Id. Tolan v. Cotton Id. Id. Id. 3. Liquidated Damages See See Calderon see Id. Mayhew v. Wells Calderon Id. Sanchez Carrera v. EMD Sales, Inc. Burnley v. Short Mitchell v. Hausman Id. See See Desmond 4. Reckless Indifference and the Statue of Limitations See McLaughlin v. Richland Shoe Co. Desmond Id. Id. McLaughlin Id. De Luna-Guerrero v. N. Carolina Grower’s Ass’n, Inc. did D. Defendants’ Motion to Strike and/or Deny Plaintiffs’ Motion for Partial Summary Judgment and/or Award Sanctions to the Defendants Id. See See Waste Mgmt. Holdings, Inc. v. Gilmore CONCLUSION IT IS SO ORDERED. See
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