Warner v. Aeroframe Services L L C et al

Filing 105

ORDER re 99 MOTION for Summary Judgment filed by Jenny Warner. On or before November 12, 2021, plaintiff is to amend her memorandum in support of her motion to set forth the amount claimed. The total amount is to be further broken down by amount for wages, for penalties, and for attorney fees only. The court will not do any math for plaintiff.The additional sum included in the affidavit is unsupported by any documentation and was notan item included for the Cooley matters so that we are able to simply refer to our ruling there tosubstantiate that award. We consider the time passed for this plaintiff to make such a claim forany additional sum and will suggest to the district court that claim be denied. Plaintiff will haveevery opportunity to object to that recommendation at the time it is issued. Signed by Magistrate Judge Kathleen Kay on 10/21/2021. (crt,Crick, S)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
LAKE CHARLES DIVISION

JENNY WARNER

:

CIVIL ACTION NO. 14-cv-0983

VERSUS

:

JUDGE DONALD E. WALTER

AEROFRAME SERVICES, LLC, ET AL

:

MAGISTRATE JUDGE KAY

ORDER

On July 28, 2021, plaintiff was ordered to file a Motion for Summary Judgment with
respect to her claim for wages, penalties, and attorney fees against Aeroframe Services, LLC, and
to attach appropriate summary judgment type evidence. Doc. 97. Plaintiff was invited to “adopt
the argument made by plaintiffs in Cooley, et al v. Aeroframe Services, LLC, 14-cv-987 unless this
plaintiff has additional reasons for judgment in her favor.” Id.
On August 13, 2021, plaintiff filed a Motion for Summary Judgment and attached an
affidavit setting forth the wages she claims she was owed and attached her contract with counsel
where she agreed to pay one-third of her recovery as a contingency. Doc. 99. Plaintiff also made
a claim for “an additional sum of $891.91 representing other unpaid wage benefits such as
purchased vacation, regular earned unused vacation, and paid time off.” Doc. 99, att. 3. Plaintiff
did not total her claim in her request. Defendant Aeroframe Services, LLC, filed an opposition
adopting its opposition to Cooley, supra. Doc. 102.
On or before November 12, 2021, plaintiff is to amend her memorandum in support of her
motion to set forth the amount claimed. The total amount is to be further broken down by amount
for wages, for penalties, and for attorney fees only. The court will not do any math for plaintiff.

The “additional sum” included in the affidavit is unsupported by any documentation and was not
an item included for the Cooley matters so that we are able to simply refer to our ruling there to
substantiate that award. We consider the time passed for this plaintiff to make such a claim for
any “additional sum” and will suggest to the district court that claim be denied. Plaintiff will have
every opportunity to object to that recommendation at the time it is issued.
THUS DONE AND SIGNED in Chambers this 21st day of October, 2021.