White v. NTC Transportation, Inc. et al

Filing 168

ORDER denying 154 Motion for Clarification. Signed by District Judge Sharion Aycock on 11/4/13. (bkl)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
GREENVILLE DIVISION
CHARLES WHITE, on his own
behalf and others similarly situated

PLAINTIFFS

V.

CAUSE NO.: 4:11CV007-SA-JMV

NTC TRANSPORTATION, INC., et al.

DEFENDANTS
ORDER

This cause is before the Court on Plaintiffs’ Motion for Clarification [154] regarding the
Court’s Order [151] Granting in Part and Denying in Part Plaintiffs’ Motion for Summary
Judgment [129]. Plaintiff seeks clarification regarding the Court’s ruling that a genuine issue of
material fact exists as to the following three issues: (1) whether Defendants improperly
segregated so-called “lift pay” hours from other overtime hours and thereby failed to include
them when calculating Plaintiffs’ overtime pay; (2) whether Defendants failed to pay Plaintiffs
for all time worked due to unilateral deductions from Plaintiffs’ time; and (3) whether Evelyn
Netterville is subject to joint and several liability as an employer under the Fair Labor Standards
Act.
In ruling on Plaintiff’s Motion for Summary Judgment [129], the Court reviewed and
considered all arguments, evidence, and authority put forth by the parties. Having found that
genuine issues of material fact exist as to each issue here again raised by Plaintiffs, the Court
finds no basis for reversing its prior determinations. As such, the Court finds Plaintiffs’ Motion
for Clarification is not well taken and shall be DENIED.
SO ORDERED on this, the 4th day of November, 2013.
_/s/ Sharion Aycock _ ________________
UNITED STATES DISTRICT JUDGE