Sanchez v. Las Fiestas, Inc.
ORDER in accordance with the memorandum opinion entered contemporaneously, rejecting 26 Report and Recommendations; granting in part and denying in part 18 Motion for Partial Summary Judgment; motion isgranted as to dfts' defence based on the executive exemption and denied as to his claim for atty fees.. Signed by Chief Judge Sharon Lovelace Blackburn on 8/31/2012. (KAM, )
2012 Sep-04 PM 02:51
U.S. DISTRICT COURT
N.D. OF ALABAMA
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ALABAMA
CASE NO. 3:10-CV-0614-SLB
In accordance with the Memorandum Opinion entered contemporaneously herewith,
it is hereby ORDERED as follows:
1. Plaintiff’s Objection to Magistrate Judge’s Report and Recommendation, (doc. 27),
is SUSTAINED. The court REJECTS the Recommendation of the Magistrate Judge that
plaintiff’s Motion for Partial Summary Judgment, (doc. 18), should be denied as to
defendants’ affirmative defense based on the executive exemption.
2. Plaintiff’s Motion for Partial Summary Judgment, (doc. 18), is GRANTED IN
PART and DENIED IN PART. Plaintiff’s Motion is GRANTED as to defendants’
affirmative defense based on the executive exemption. For purposes of plaintiff’s claim for
unpaid overtime wages, the court finds that plaintiff is not a bona fide executive employee
exempt from the Fair Labor Standards Act overtime wage provision. Plaintiff’s Motion is
DENIED as to his claim for attorney’s fees.
DONE, this 31st day of August, 2012.
SHARON LOVELACE BLACKBURN
CHIEF UNITED STATES DISTRICT JUDGE
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