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07-142 - Hernandez et al v. Caviness Packing Company, Inc et al


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07-142 - Hernandez et al v. Caviness Packing Company, Inc et al
June 13, 2008
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Memorandum Opinion - The Court denies Dfts' Motion for Summary Judgment on the following issues: (1) whether unpaid donning, doffing, cleaning or sharpening activities are not compensable work; (2) whether the claims of opt-in pltfs Ricardo Chavez, Angel L Aquino, Esmeralda Cantu and Palemon Maldonado are barred by the statute of limitations; and (3) whether Brent Birkholz is an "employer" under the FLSA. The Court Grants Dft's Motion for Summary Judgment on the following issues: (1) the claims of opt-in pltfs Arturo Blanco, Roberto Gomez, Javier Guerrero, Luis A. Martinez, and Richard Sierra are barred by the statute of limitations; (2) the theory of fraudulent concealment is not applicable in this case; (3) Caviness Packing Company, Inc is not an employer under the FLSA; (4) the alter ego doctrine is not applicable in this case; (5) the retaliation claims of Mary Teresa Aguillon, Jorge Guerrero, and Juan Guzman fail as a matter of law; and (6) the Equal Pay Claims fail. Opt-in Pltfs Arturo Blanco, Roberto Gomez, Javier Guerrero, Luis A Martinez and Richard Sierra are hereby dismissed from the case. Dft Caviness Packing Company Inc is also dismissed from the case. The only remaining Dfts are Terry Caviness and Brent Birkholz, individually. (Signed by Judge Mary Lou Robinson on 6/13/08) (plh)
November 5, 2008
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FINDINGS, CONCLUSIONS, AND RECOMMENDATION re 117 MOTION to Compel Reimbursement of Expert Fees and Memo in Support filed by Mary Teresa Aguillon. It is the Recommendation of the Mag Judge that dfts should pay, pursuant to Rule 26(b)(4)(C), FRCP, the reasonable costs incurred by Mr. Ingalls in providing testimony at his deposition. Pltfs have identified the amount to be $1,658.20. It is the opinion and finding of the undersigned Mag Judge that Mr. Ingalls is entitled to reimbursement in the amount of $1658.20, pursuant to Rule 26(b)(4)(C), FRCP. Any objections must be filed within 11 days of the date of this recommended decision, or on or before 11/17/08. (Ordered by Magistrate Judge Clinton E Averitte on 11/5/08) (plh)
November 21, 2008
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ORDER Adopting Recommendation and Granting Plaintiffs' Motion to Compel Reimbursement of Expert Fees - ADOPTING 128 Report and Recommendation and Granting 117 Motion to Compel. Accordingly, defts shall reimburse pltfs for expert discovery costs in the sum of $1,658.20 as set forth in the recommendation. (Ordered by Judge Mary Lou Robinson on 11/21/08) (jeh)