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12-479 - Thornton et al v. Mainline Communications, LLC et al


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12-479 - Thornton et al v. Mainline Communications, LLC et al
February 26, 2013
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that Count V of the plaintiffs' Second Amended Complaint 60 be and is DISMISSED WITH PREJUDICE. IT IS FURTHER ORDERED that defendant Charter shall have up to and including February 28, 2013 to file it reply in support of its motion to dismiss 42. Upon the filing of said reply, the Court will consider the matter ripe for disposition, and will consider all arguments raised in Charter's motion to dismiss 42 as to Counts IV, VI, and VII, and the plaintiffs' response thereto 55, applicable to the Second Amended Complaint. IT IS FURTHER ORDERED that the plaintiffs' motion to expedite discovery 53 be and is DENIED AS MOOT.IT IS FURTHER ORDERED that the following discovery plan as to the limited issue of defendants Charter and Fransha Miller's liability under the theory of "joint employer" be implemented as follows: 1) All Phase I discovery (i.e.; discovery limited solely to the issue of "joint employer") be completed by May 14, 2013; 2) All dispositive motions on the joint employer issue be filed thirty (30) days following the close of Phase I discovery, or June 13, 2013; 3) All responses to any dispositive motions be filed thirty (30) days following the deadline for filing such dispositive motions, orJuly 13, 2013; and 4) All replies in support of dispositive motions be filed twenty-one (21) days following the deadline for filing responses, orAugust 3, 2013. IT IS FINALLY ORDERED that any modifications to the above-stated deadlines shall be agreed upon by all parties, in writing, and submitted to the Court for final approval.( Discovery Completion due by 5/14/2013., Dispositive Motions due by 6/13/2013.) Signed by District Judge Stephen N. Limbaugh, Jr on 2/26/2013. (JMC)
September 27, 2013
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MEMORANDUM AND ORDER... IT IS HEREBY ORDERED that defendant's Motion to Dismiss (#42) is DENIED in part and GRANTED in part, as provided herein. Signed by District Judge Stephen N. Limbaugh, Jr on 9/27/2013. (JMC)
September 25, 2014
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that defendants Charter Communications, Inc. and Charter Communications, LLC's motion for summary judgment (ECF #96) is GRANTED. A separate Judgment will accompany this Memorandum and Order. Signed by District Judge Stephen N. Limbaugh, Jr on 9/25/2014. (JMC)
June 26, 2015
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiffs' joint motion to conditionally certify class and for disclosure of putative class members' names and contact information for notice purposes (ECF #132) is DENIED. Signed by District Judge Stephen N. Limbaugh, Jr on 6/26/2015. (JMC)
January 19, 2016
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiffs' motion for partial summary judgment (ECF #147) is GRANTED on plaintiffs' overtime wage claims under the FLSA and MMWL set forth in counts I and III of the second amended complaint. Judgment is entered in favor of plaintiffs and against defendants on the overtime wage claims. Plaintiffs' claims for quantum meruit and unjust enrichment, counts VI and VII of the second amended complaint, remain pending.IT IS FURTHER HEREBY ORDERED that plaintiffs' motion is granted in part and denied in part on plaintiffs request for damages. Plaintiff Bernard Thornton is awarded damages pursuant to the FLSA in the amount of $9,580.94; plaintiff Lejuan Wiley is awarded damages pursuant to the FLSA in the amount of $33,209.34; plaintiff Tyrone Cameron is awarded damages pursuant to the FLSA in the amount of $7,340.70. Plaintiffs' request for damages outside the two-year statute of limitations is denied. IT IS FURTHER HEREBY ORDERED that plaintiffs are granted fourteen days to submit verified documentation in support of their request for attorney's fees and costs. Defendants shall have seven days thereafter to file a response. IT IS FINALLY HEREBY ORDERED that the trial setting on February 1, 2016 is vacated to be rescheduled at a later date. ( Response to Court due by 2/2/2016.) Signed by District Judge Stephen N. Limbaugh, Jr on 1/19/2016. (JMC)
February 19, 2016
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MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that plaintiffs' motion for attorneys' fees and costs (ECF #33) is GRANTED in part and DENIED in part as set forth above. IT IS FURTHER ORDERED that plaintiffs are awarded attorneys fees in the amount of $59,649.40 and costs in the amount of $1,278.10 for a total of $60,927.50. A separate Judgment will accompany this Memorandum and Order. Signed by District Judge Stephen N. Limbaugh, Jr on 2/19/2016. (JMC)