Kelley v. Nitrogen Solutions LLC et al

Filing 61

ORDER denying 33 Motion for Partial Summary Judgment; granting in part and denying in part 41 Motion for Partial Summary Judgment; denying 29 Motion for Partial Summary Judgment. With respect to remaining issues, this action is scheduled for a bench trial, and in the interest of judicial economy the Court will defer addressing the disputed issues until all of the evidence has been received. Signed by Judge J. Leon Holmes on 9/17/2013. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION
WESLEY KELLEY
v.

PLAINTIFF
NO. 3:12CV00246 JLH

NITROGEN SOLUTIONS, L.L.C.;
MICHAEL STICKLER; MATTHEW MCCAUGHEY;
JOHN MCCAUGHEY; JOAN KHILLING;
and MICHAEL JACQUES

DEFENDANTS

ORDER
Three motions for partial summary judgment are pending. The defendants have moved for
partial summary judgment on the issue of whether Wesley Kelley was exempt from the overtime
requirements of the Fair Labor Standards Act by virtue of the executive exemption. Kelley has filed
a partial summary judgment on the issue of whether he was exempt from the overtime requirements
of the Fair Labor Standards Act, and he has also moved for summary judgment with respect to
alleged violations of the minimum wage requirements of the Fair Labor Standards Act. The
defendants assert only the executive exemption as a basis for argument that they were not required
to pay Kelley overtime. Therefore, Kelley’s motion for partial summary judgment is granted with
respect to all exemptions other than the executive exemption. With respect to the remaining issues,
this action is scheduled for a bench trial, and in the interest of judicial economy the Court will defer
addressing the disputed issues until all of the evidence has been received.
For the reasons stated, the defendants’ motion for partial summary judgment is denied.
Document #29. Kelley’s motion for partial summary judgment on minimum wage violations is
denied. Document #33. Kelley’s motion for partial summary judgment regarding the FLSA
exemptions is granted in part and denied in part. Document #41.

IT IS SO ORDERED this 17th day of September, 2013.

J. LEON HOLMES
UNITED STATES DISTRICT JUDGE

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