Sanchez v. Las Fiestas, Inc.

Filing 31

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, )

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FILED 2012 Sep-04 PM 02:51 U.S. DISTRICT COURT N.D. OF ALABAMA UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ALABAMA NORTHWESTERN DIVISION ABRAHAM SANCHEZ, Plaintiff, vs. LAS FIESTAS, SANCHEZ;, INC.; CARLOS ) ) ) ) ) ) ) ) ) CASE NO. 3:10-CV-0614-SLB Defendants. ORDER 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 2

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