Pierluca et al v. Quality Resources, Inc. et al

Filing 59

ORDER: Plaintiff's Motion for Partial Summary Judgment 52 is GRANTED. Pre-Trial Conference remains scheduled on Wednesday, September 13, 2017, with a bench trial on damages to occur in December 2017. If the parties wish to try the issue of damages before the Magistrate Judge, which could result in an earlier trial date, they should complete the Magistrate Consent Form. Signed by Judge James S. Moody, Jr. on 5/22/2017. (LN)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
MARIO PIERLUCA and
MARCUS HOLMES,
Plaintiffs,
v.

Case No: 8:16-cv-1580-T-30AEP

QUALITY RESOURCES, INC.,
Defendant.

ORDER
THIS CAUSE comes before the Court upon Plaintiff’s Motion for Partial Summary
Judgment (Dkt. #52) and Defendant’s Response (Dkt. #58).

Defendant’s Response

acknowledges that summary judgment as to liability only is appropriate due to a “wholly
technical, unintentional and good faith non-compliance with the WARN Act.” Whether
Defendant acted in good faith is an issue for damages, which is not the subject of the
pending motion for summary judgment. Accordingly, it is
ORDERED AND ADJUDGED that:
1.

Plaintiff’s Motion for Partial Summary Judgment (Dkt. #52) is GRANTED.

2.

Pre-Trial Conference remains scheduled on Wednesday, September 13,
2017, with a bench trial on damages to occur in December 2017. If the
parties wish to try the issue of damages before the Magistrate Judge, which
could result in an earlier trial date, they should complete the Magistrate
Consent Form.

DONE and ORDERED in Tampa, Florida, this 22nd day of May, 2017.

Copies furnished to:
Counsel/Parties of Record

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