Diaz et al v. Torrington Car Care, LLC et al

Filing 61

ORDER denying 38 Motion for Summary Judgment; denying 39 Motion for Summary Judgment. Signed by Judge Warren W. Eginton on 1/29/18. (Gould, K.)

Case 3:16-cv-01544-WWE Document 61 Filed 01/29/18 Page 1 of 2

UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT
NOE DIAZ, DANIEL LOZADA,
3:16cv1544 (WWE)
BRIAN FAULKNER, JOSEPH
GALLO, AND JEFFREY CROCKER, JR.
Plaintiffs,
v.
TORRINGTON CAR CARE, LLC,
WATERBURY CAR CARE, LLC,
DANBURY CAR CARE, LLC,
RYLEOU, LLC, RYAN SCHMITZ
And DANIEL MENNILLO,
Defendants.
ORDER DENYING CROSS MOTIONS FOR SUMMARY JUDGMENT
In this action, plaintiffs Noe Diaz, Daniel Lozada, Brian Faulkner, Joseph Gallo and
Jeffrey Crocker, Jr., assert violations of the Fair Labor Standards Act (“FLSA”) and
Connecticut Minimum Wage Act (“CMWA”) against their former employers, defendant
Ryan Schmitz, Daniel Mennillo, Torrington Car Care, LLC, Waterbury CarCare, LLC,
Danbury Car Care, LLC and Ryelou, LLC. Plaintiffs, who worked either as Assistant Site
Managers or Site Managers, assert that defendants willfully misclassified them as
managers who were exempt from the overtime compensation requirements of the FLSA
and CMWA.
Plaintiff has filed a motion for partial summary judgment on the issue of liquidated
damages under the FLSA, penalty damages under the CMWA, and defendant’s
affirmative defense of acting in good faith and in conformity with the law. Defendants
have filed a motion for summary judgment, arguing that plaintiffs were employed in a bona
fide executive capacity and are thereby exempt from the FLSA and CMWA overtime
provisions.
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Case 3:16-cv-01544-WWE Document 61 Filed 01/29/18 Page 2 of 2

Upon review of the excellent briefs and supporting evidentiary submissions, the
Court finds that disputed factual issues preclude granting summary judgment in favor of
plaintiffs or defendants. Accordingly, the Court hereby DENIES the plaintiffs’ motion for
partial summary judgment [doc. 38] and DENIES the defendants’ motion for summary
judgment [doc. 39].

Dated this 29th day of January 2018 at Bridgeport, Connecticut.
/s/Warren W. Eginton___
Warren W. Eginton
Senior U.S. District Judge

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