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08-1171 - Eldred v. Comforce Corp. et al


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08-1171 - Eldred v. Comforce Corp. et al
March 2, 2010
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DECISION and ORDERED, that Plaintiffs Motion for class certification (Dkt. No. 15) as amended (Dkt. No. 37-1) is GRANTED in part consistent with this Decision and Order; and it is further ORDERED, that Defendants Fanning, Maccarrone, and Petixs Motion to dismiss Plaintiffs Motion to proceed as a collective action and for class certification (Dkt. No. 43) is DENIED; and it is further ORDERED, that Defendants Fanning, Maccarrone, and Petixs Motion to dismiss (Dkt. No. 46) is GRANTED in part and DENIED in part consistent with this Decision and Order; and it is further ORDERED, that Defendant Comforces Motion to dismiss (Dkt. No. 47) is GRANTED in part and DENIED in part consistent with this Decision and Order; and it is further ORDERED, that Plaintiffs second, sixth, seventh, eighth, ninth, tenth, eleventh, twelfth, and thirteenth claims are DISMISSED in their entirety; and it is further ORDERED, that Plaintiffs fifteenth claim is DISMISSED without prejudice; and it is further ORDERED, that Plaintiffs action is DISMISSED in its entirety as to Defendants Comforce Information Technologies, Inc.; Comforce Technical, LLC; and Comforce Operating, Inc.; and it is further ORDERED, that Defendants Communication Workers of America; Local 6171; Milburn; Kneupper; Bentley; Whittaker; Simmons; and James Motion to dismiss (Dkt. No. 50) is GRANTED in its entirety and Plaintiffs action is DISMISSED in its entirety as to these Defendants; and it is further ORDERED, that Plaintiffs shall submit a proposed notice to Defendants for comment on the content and form of the notice within 30 days of this Decision and Order. The parties shall confer and submit to the Court a mutually agreed upon notice within 30 days thereafter. Signed by Senior Judge Lawrence E. Kahn on March 02, 2010. (sas)