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15-206 - LASHBROOK v. INDIANA DEPARTMENT OF CORRECTION et al


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15-206 - LASHBROOK v. INDIANA DEPARTMENT OF CORRECTION et al
October 28, 2015
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ORDER - Presently pending before the Court in this action brought under the Fair Labor Standards Act, 29 U.S.C. § 201, et seq. ("FLSA") and Indiana Code § 11-10-7-3(a) (the "Prevailing Wage Statute") is a Motion to Dismiss filed by Defendant Oakland City University, Founded by General Baptists, Inc. ("OCU"). The Court GRANTS IN PART OCU's Motion to Dismiss, [Fil-ing No. 33], to the extent that it dismisses without prejudice Mr. Lashbrook's FLSA violation claims against OCU which relate to conduct by OCU prior to July 6, 2013. Additionally, the Court DENIES IN PART OCU's Motion to Dismiss, [Filing No. 33], to the extent that it finds that Mr. Lashbrook has stated a plausible claim against OCU for violation of Indiana's Prevailing Wage Statute. Signed by Judge Jane Magnus-Stinson on 10/28/2015. (RSF)
February 1, 2016
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ORDER - The Court GRANTS the State Defendants' 47 Motion to Dismiss Amended Complaint and DISMISSES Mr. Lashbrook's claims against the State Defendants WITH PREJUDICE. No partial final judgment shall issue at this time. Still pending in this action are the following claims: Violation of the FLSA against Grace; Violation of the FLSA against OCU for conduct after July 6, 2013; Violation of Indiana's Prevailing Wage Statute against Grace; and Violation of Indiana's Prevailing Wage Statute against OCU. Also remaining is Grace's cross-claim against IDOC for any damages ultimately assessed against Grace. [Filing No. 40 at 10-11.] The Court requests that the Magistrate Judge confer with the remaining parties to address the expeditious resolution of the remaining claims. (See Order.) Signed by Judge Jane Magnus-Stinson on 2/1/2016. (GSO)
December 15, 2016
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ORDER - The Court GRANTS Grace's Motion for Summary Judgment, [Filing No. 78], as to Mr. Lashbrook's FLSA claim, and DENIES AS MOOT the Motion for Summary Judgment, [Filing No. [78], as it relates to Mr. Lashbrook's claim under Indiana's Prevailing Wage Statute. The only claim remaining in this litigation is Grace's cross-claim against IDOC for indemnity. Because no claims remain against Grace, the Court assumes that Grace will not be pursuing its cross-claim. The Court ORDERS Grace, however, to file a Report by December 21, 2016 advising the Court of its intentions regarding its cross-claim against IDOC. Final judgment shall enter when that issue is resolved. (See Order.) Signed by Judge Jane Magnus-Stinson on 12/15/2016. (RSF)