Wilburn v. Topgolf International, Inc. et al, No. 1:2019cv00493 - Document 54 (E.D. Va. 2020)

Court Description: MEMORANDUM OPINION AND ORDER - Topgolf's Motion for Partial Summary Judgment, 39 , is GRANTED IN PART AND DENIED IN PART. The motion for partial summary judgment is be GRANTED only to the extent that Wilburn was exempt from overtime payment req uirements, pursuant to 29 U.S.C. § 207(i), for the first year of her maximum three-year recovery period: from April 2016 to March 2017. The motion for partial summary judgment is DENIED in all other respects. Furthermore, Topgolf's original motion for summary judgment, 36 , and purported statement of undisputed facts, 37 , are hereby STRICKEN for failure to comply with the Local Rules of the Eastern District of Virginia.. Signed by District Judge Liam O'Grady on 5/19/2020. (dvanm, )

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Wilburn v. Topgolf International, Inc. et al Doc. 54 Case 1:19-cv-00493-LO-MSN Document 54 Filed 05/19/20 Page 1 of 22 PageID# 1064 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division Stephanie Wilburn, Plaintiff V. Civil No. l:I9-cv-493 Hon. Liam O'Grady Topgolf International,Inc., et al. Defendants. MEMORANDUM OPINION AND ORDER This matter is before the Court on Defendants' Motion for Partial Summary Judgment, Dkt. 39, and Plaintiffs Motion for Sanctions, Dkt. 42. The motions were fully briefed and the Court dispensed with oral argument because it would not aid in the decisional process. Defendants("Topgolf) moved for partial summary judgment on four grounds. First, Topgolf claims the overtime sought by Plaintiff("Wilburn") is not recoverable because she was exempt from overtime requirements by the Highly Compensated Employee exemption during the entire period for which she seeks to recover. Second, Topgolf argues that Wilburn was exempt from overtime requirements for the first year of her maximum recovery period, under the Retail or Service Establishment exemption. Third, Topgolf argues it is entitled to summary judgment on the issue of willfulness and that Wilbum's recovery period is therefore limited to two years. Fourth and finally, Topgolf argues that Wilbum's workweek fluctuated in hours, she knew this by the beginning of the recovery period, and consequently she cannot recover "straight time" pay. Instead, Topgolf asserts that any overtime due to her should be calculated using the fluctuating workweek method. Wilburn, on the other hand, argues that evidence which would have defeated Topgolfs fluctuating workweek defense was lost or destroyed due to Topgolfs failure to issue a litigation 1 Dockets.Justia.com Case 1:19-cv-00493-LO-MSN Document 54 Filed 05/19/20 Page 2 of 22 PageID# 1065 Case 1:19-cv-00493-LO-MSN Document 54 Filed 05/19/20 Page 3 of 22 PageID# 1066 Case 1:19-cv-00493-LO-MSN Document 54 Filed 05/19/20 Page 4 of 22 PageID# 1067 Case 1:19-cv-00493-LO-MSN Document 54 Filed 05/19/20 Page 5 of 22 PageID# 1068 Case 1:19-cv-00493-LO-MSN Document 54 Filed 05/19/20 Page 6 of 22 PageID# 1069 Case 1:19-cv-00493-LO-MSN Document 54 Filed 05/19/20 Page 7 of 22 PageID# 1070 Case 1:19-cv-00493-LO-MSN Document 54 Filed 05/19/20 Page 8 of 22 PageID# 1071 Case 1:19-cv-00493-LO-MSN Document 54 Filed 05/19/20 Page 9 of 22 PageID# 1072 Case 1:19-cv-00493-LO-MSN Document 54 Filed 05/19/20 Page 10 of 22 PageID# 1073 Case 1:19-cv-00493-LO-MSN Document 54 Filed 05/19/20 Page 11 of 22 PageID# 1074 Case 1:19-cv-00493-LO-MSN Document 54 Filed 05/19/20 Page 12 of 22 PageID# 1075 Case 1:19-cv-00493-LO-MSN Document 54 Filed 05/19/20 Page 13 of 22 PageID# 1076 Case 1:19-cv-00493-LO-MSN Document 54 Filed 05/19/20 Page 14 of 22 PageID# 1077 Case 1:19-cv-00493-LO-MSN Document 54 Filed 05/19/20 Page 15 of 22 PageID# 1078 Case 1:19-cv-00493-LO-MSN Document 54 Filed 05/19/20 Page 16 of 22 PageID# 1079 Case 1:19-cv-00493-LO-MSN Document 54 Filed 05/19/20 Page 17 of 22 PageID# 1080 Case 1:19-cv-00493-LO-MSN Document 54 Filed 05/19/20 Page 18 of 22 PageID# 1081 Case 1:19-cv-00493-LO-MSN Document 54 Filed 05/19/20 Page 19 of 22 PageID# 1082 Case 1:19-cv-00493-LO-MSN Document 54 Filed 05/19/20 Page 20 of 22 PageID# 1083 Case 1:19-cv-00493-LO-MSN Document 54 Filed 05/19/20 Page 21 of 22 PageID# 1084 Case 1:19-cv-00493-LO-MSN Document 54 Filed 05/19/20 Page 22 of 22 PageID# 1085

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