Browne et al v. PAM Transport Inc et al
OPINION AND ORDER deferring ruling on 146 Motion for Partial Summary Judgment; denying 154 Motion to Modify Certification Order; denying 156 Motion to Decertify FLSA and Rule 23 Classes; denying 158 Motion to Dismiss Opt-Ins and granting in part and denying in part 213 Supplemental Motion for Summary Judgment on the Claims of Certain Opt-In Plaintiffs (see Order for specifics). Signed by Honorable Timothy L. Brooks on January 24, 2020. (tg)
order on this matter, judicial estoppal is not appropriately applied to Michael Hawkins or
Tammy Thompson. Defendants' Motion (Doc. 213) is GRANTED IN PART AND DENIED
IN PART. It is granted as to Bradley Creech, Jason DeGroot, Rodney Eddings, Richard
Gifford, Leslie Griggs, Jason Gunter, and Steven Redmond, who are hereby estopped
and dismissed from this suit. It is denied as to Michael Hawkins and Tammy Thompson.
For the reasons given above, Defendants' Motion for Partial Summary Judgment
on FLSA Claims Based on Statute of Limitations (Doc. 146) is DEFERRED, and the
parties are directed to provide a status report to the Court as to which Opt-In Plaintiffs, if
any, there is a dispute factual dispute whether their FLSA claims are barred by the statute
of limitations no later than January 31, 2020. Defendants' Motion to Modify Certification
Order of the Rule 23 Class (Doc. 154) is DENIED. Defendants' Motion to Decertify FLSA
and Rule 23 Classes (Doc. 156) is DENIED. Defendants' Motion to Dismiss Opt-Ins for
Failing to Appear at Deposition or Participate in Discovery (Doc. 158) is DENIED.
Plaintiffs' counsel is directed to confirm by January 31, 2020 the names of those Opt-In
Plaintiffs who did not appear for scheduled and noticed depositions so that the Court may
issue a Show Cause Order. Defendants' Supplemental Motion for Summary Judgment
on the Claims of Certain Opt-In Plaintiffs Based on Judicial Estoppal (Doc. 213) is
GRANTED IN PART AND DENIED IN PART.
IT IS SO ORDERED on this 24th day of January,
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