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15-120 - Murphy v. Ajinomoto Windsor, Inc. et al


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15-120 - Murphy v. Ajinomoto Windsor, Inc. et al
January 25, 2016
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MEMORANDUM AND ORDER re:12 MOTION to Appoint Counsel filed by Plaintiff James S. Murphy motion is DENIED without prejudice. Signed by District Judge John A. Ross on 1/25/16. (MRS)
April 6, 2016
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MEMORANDUM AND ORDER re:18 MOTION to Certify Class filed by Plaintiff James S. Murphy..IT IS HEREBY ORDERED that Plaintiffs Motion for Class Certification (Doc. No. 18) is DENIED without prejudice. IT IS FURTHER ORDERED that the opt-in notices filed by Plaintiff (Doc. No. 31) are ordered stricken, as no class has been certified. Signed by District Judge John A. Ross on 4/6/16. (MRS)
April 26, 2016
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MEMORANDUM AND ORDER re:13 MOTION to Dismiss Case filed by Defendant Windsor Quality Foods, Defendant Windsor Quality Holdings, LP, Defendant Greg Geib, Defendant Ajinomoto Windsor, Inc., Defendant Karen Moore, Defendant Shawn Dean, Defendant Gary Cox, Defendant Frank King, Defendant Pam Cox. IT IS HEREBY ORDERED that Defendants' Motion to Dismiss (Doc. No. 13) is DENIED with regard to Counts I (FLSA), II (Breach of Contract), and III (Missouri wage law) with respect to Defendant Ajinomoto Windsor, Inc. IT IS FURTHER ORDERED that Defendants' Motion to Dismiss (Doc. No. 13) is GRANTED with regard to Counts I (FLSA), II (Breach of Contract), and III (Missouri wage law) with respect to Defendants Windsor Quality Holdings, LP, Windsor Quality Foods, Greg Geib, Pam Cox, Gary Cox, Frank King, Karen Moore, and Shawn Dean. IT IS FURTHER ORDERED that Defendants' Motion to Dismiss (Doc. No. 13) is GRANTED with regard to Count IV (ERISA) with respect to all Defendants. IT IS FURTHER ORDERED that Defendants' Motion to Dismiss (Doc. No. 13) is GRANTED with regard to Count V (Retaliation) with respect to all Defendants. IT IS FINALLY ORDERED that Plaintiff's third and fourth requested elements of relief (for a preliminary injunction and constructive trust) are STRICKEN. Signed by District Judge John A. Ross on 4/26/16. (CSG)
March 30, 2017
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MEMORANDUM AND ORDER.IT IS HEREBY ORDERED that Plaintiff's Motion to conditionally Certify Collective Action Class and to Facilitate Class Notice 49 is GRANTED in part, and the Court conditionally certifies a class of:All persons who were employed by Ajinomoto Windsor, Inc. and/or Windsor QualityFoods at their Piedmont, Missouri, facilities as production-floor employees at any time from three years prior to June 26, 2015, through the present, and who were not compensated at a rate of one and one half times their regular rate of pay for hours worked over forty ( 40) a week for time spent donning and doffing protective gear or equipment, performing sanitary activities such as washing hands and utilizing a foot sanitizer, and walking to or from these activities to the production-line floor. IT IS FURTHER ORDERED that Plaintiff James S. Murphy is conditionally authorized to act as class representative.IT IS FURTHER ORDERED that the Edgar Law Firm is authorized to act as classcounsel. IT IS FURTHER ORDERED that Plaintiff shall file his amended proposed Notice of Lawsuit and Consent to Join Collective Action against Ajinomoto Windsor, Inc. on or before April 14, 2017. IT IS FURTHER ORDERED that Ajinomoto Windsor, Inc. is granted until April 30, 2017 within which to make any written objections to Plaintiffs' amended proposed Notice of Lawsuit against Ajinomoto Windsor, Inc. IT IS FINALLY ORDERED that Ajinomoto Windsor, Inc. shall provide Plaintiffs counsel with the names and current or last known mailing addresses of all employees who may be potential plaintiffs in this suit on or before May 15, 2017. Signed by District Judge John A. Ross on 3/30/17. (MRS)