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12-089 - Reed et al v. Insituform Technologies, Inc.


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12-089 - Reed et al v. Insituform Technologies, Inc.
February 3, 2014
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MEMORANDUM OPINION AND ORDER. 1. Defendant's Motion for Summary Judgment (Doc. No. 33) is DENIED; 2. Plaintiffs' Motion for Summary Judgment (Doc. No. 27) and Amended Motion for Summary Judgment (Doc. No. 47) are DENIED IN PART, and GRANTED IN PART as follows: a. With respect to Count I of Plaintiffs' complaint, the Court grants Plaintiff's motion to the extent that it finds that Plaintiffs are entitled to additional contributions as a matter of law. The Court denies the motion to the extent that it finds that Plaintiffs are not entitled to a presumption that all hours worked were "covered" hours; b. With respect to Count II, the Court denies Plaintiffs' motion to the extent that their request for an additional audit is moot; and c. The Court orders Defendant to produce updated records for the audit, to the extent they exist. 3. Defendants' Motion to Strike (Doc. No. 52) is DENIED; and 4. Defendants' Motion to Strike (Doc. No. 57) is DENIED. (Written Opinion). Signed by Judge Donovan W. Frank on 2/3/2014. (BJS)