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16-145 - KOLISH v. METAL TECHNOLOGIES, INC.


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16-145 - KOLISH v. METAL TECHNOLOGIES, INC.
February 8, 2017
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ORDER - For the foregoing reasons, the Court DENIES Plaintiffs' Motion to Certify a Combined Class Action and FLSA Collective Action. [Filing No. 41]. In addition, Plaintiffs' Motion for Approval of Class and Collective Action Notice, [Filing No. 43], and Motion for an Oral Argument on Plaintiffs' Motion for Approval of Class and Collective Action Notice, [Filing No. 44], are DENIED AS MOOT ***SEE ORDER FOR ADDITIONAL INFORMATION***. Signed by Judge Jane Magnus-Stinson on 2/8/2017. (DW)
July 21, 2017
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ORDER ON MOTION FOR LEAVE TO FILE FIRST AMENDED COMPLAINT FOR DAMAGES - For the foregoing reasons the Court GRANTS Plaintiffs' Motion for Leave to File First Amended Complaint for Damages. [Dkt. 76.] The Clerk is directed to docket Plaintiffs' First Amended Complaint for Damages [Dkt. 76-1] filed as of the date of this order (SEE ORDER). Signed by Magistrate Judge Mark J. Dinsmore on 7/21/2017. (DW)
March 30, 2018
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ORDER - After this Court declined to certify a proposed subclass in the related pending matter Weil v. Metal Technologies, Inc., 2016 WL 286396 (S.D. Ind. 2016), Plaintiffs Fannie Kolish and Kevin Graves filed a Complaint in this case against Defendant Metal Technologies, Inc. ("Metal Technologies"). The operative First Amended Complaint asserts claims against Metal Technologies for failure to pay wages under the Fair Labor Standards Act ("FLSA") and the Indiana Wage Payment Statute ("IWPS"). [Filing No. 82.] Presently pending before the Court is Metal Technologies' Motion for Summary Judgment. [Filing No. 86.] For the reasons that follow, the Court GRANTS IN PART and DENIES IN PART Metal Technologies' Motion. For the reasons described above, the Court GRANTS IN PART and DENIES IN PART Metal Technologies' Motion for Summary Judgment, [Filing No. 86], as follows: The Court GRANTS the Motion as to Plaintiffs' claims regarding Plaintiffs' pre-shift early clock-ins and post-shift late clock-outs; The Court DENIES the Motion as to Mr. Graves' claims regarding unpaid meal breaks; The Court DENIES the Motion as to Ms. Kolish's claims regarding unpaid meal breaks lasting five minutes or longer, and GRANTS the Motion as to Ms. Kolish's claims regarding unpaid meal breaks of one to four minutes; and the Court GRANTS the Motion regarding Plaintiffs' derivative IWPS claims, to the same extent that it is granted as to Plaintiffs' FLSA claims. (See Order). Signed by Judge Jane Magnus-Stinson on 3/30/2018. (APD)