Browne et al v. PAM Transport Inc et al

Filing 222

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)

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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. VI. CONCLUSION 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, /UNIT, 15 /

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