Rosen v. TMS, Inc. et al

Filing 54

Judge Joseph L. Tauro: ORDER entered. After a Motion Hearing held on 11/17/2010, this court hereby orders that: The parties shall each file a Memorandum, not to exceed five pages directed ONLY at answering the questions included in this ORDER. The Parties' Memoranda or Joint Memorandum shall be filed by 12/17/2010. SEE ORDER FOR DETAILS. IT IS SO ORDERED. (Geraldino-Karasek, Clarilde)

Rosen v. TMS, Inc. et al

Doc. 54

UNITED STATES DISTRICT COURT DISTRICT OF MASSACHUSETTS RICHARD ROSEN, * * Plaintiff, * * v. * * TMS, INC. d/b/a SUPPORT PLUS * MEDICAL and WARREN K. * TROWBRIDGE, As President of TMS, Inc. * and Individually, * * Defendants. * ORDER November 23, 2010 TAURO, J. After a Motion Hearing held on November 17, 2010, this court hereby orders that: 1. The Parties shall each file a Memorandum, not to exceed five pages,1 directed only at answering the following questions: a. Is the issue of whether Plaintiff was paid on or about February 12, 2009 (for his work up to February 12, 2009 as an employee) a material fact that is genuinely in dispute? Explain. b. Does an employee who performs work after being instructed at least once by his employer not to perform work have a claim under the Massachusetts Wage Act? This question calls for the use and explanation of relevant case law. The Parties may elect to file a Joint Memorandum. Should each Party file their own Memorandum, then each Memorandum is not to exceed five pages. Should the Parties file a Joint Memorandum, the Memorandum is not to exceed ten pages.
1

Civil Action No. 09-11515-JLT

Dockets.Justia.com

c.

Exactly what type of work qualifies as (i) work by an employee and, in contrast, exactly what type of work qualifies as (ii) work by a board member or shareholder? Based on relevant case law, explain how each of the five alleged instances of work (that Plaintiff may have performed after February 12, 2009)2 qualify as (i) work by an employee, or (ii) work by a board member or shareholder, or both (i) and (ii).

2.

The Parties' Memoranda or Joint Memorandum shall be filed by December 17, 2010.

IT IS SO ORDERED.

/s/ Joseph L. Tauro United States District Judge

Def. Warren K. Trowbridge's Opp'n Pl. Richard Rosen's Mot. Summ. J. Count I His Compl., 5-11 [#52]. 2

2