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08-1694 - Dillworth v. Case Farms Processing, Inc.


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08-1694 - Dillworth v. Case Farms Processing, Inc.
August 27, 2009
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Memorandum Opinion and Order granting in part and denying in part Motion to dismiss and/or strike the North Carolina state law claims and the Rule 23 class action claims. (Doc. #37). Motion GRANTED with respect to Plaintiffs' claim under North Carolina's overtime statute; said claim is dismissed; GRANTED with respect to Plaintiffs' claim under North Carolina's payday statute; said claim is dismissed; DENIED with respect to Plaintiffs' claim, individually and as a class, under North Carolina's payday statute; and GRANTED with respect to class action allegations with respect to Plaintiffs' claim under Ohio's overtime statute; said class action allegations are hereby stricken. Plaintiffs may only seek relief under Ohio's overtime statute by giving express consent in writing. Judge Sara Lioi on 08/27/09.(S,HR)
March 8, 2010
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Memorandum Opinion: The Joint Motion for Approval of the Settlement Agreement (Doc. No. 77) is granted. The Settlement Agreement is hereby approved as it is a fair and reasonable resolution of a bona fide dispute under federal and state law. The Parties are to bear their respective attorneys' fees and costs except as provided in the Settlement Agreement. The Court retains jurisdiction over this Action for the purpose of enforcing the Settlement. This case is dismissed with prejudice. Judge Sara Lioi on 3/8/2010. (P,J)