Acosta et al v. Tyson Foods

Filing 335

MEMORANDUM AND ORDER on the plaintiffs' updated damages calculation 332 and the defendant's response thereto 333 . The court finds the appropriate amount of compensatory damages in this case is $6,258,329.74. A judgment in accordance with that finding will issue this date. Ordered by Judge Joseph F. Bataillon. (MKR)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
MANUEL ACOSTA, on Behalf of Himself
and All Other Similarly Situated Individuals,
8:08CV86
Plaintiff,
v.

MEMORANDUM AND ORDER

TYSON FOODS, INC.,
Defendant.

This matter is before the court on the plaintiffs’ updated damages calculation,
Filing No. 332, and the defendant’s response thereto, Filing No. 333. The plaintiff has
submitted two calculations: one for “Damages for Each Class Member Removing
Uncompensated Time for One Paid Break Prior to 2/1/10 and Allowing Extra Portion of
5 Minutes to Mitigate Other Uncompensated Time After 2/1/10,” indicating damages at
the rate of overtime pay that total $6,258,329.74 (Filing No. 332-1 at ECF pp. 1-94) and
one for “Damages for Each Class Member Removing Uncompensated Time for One
Paid Break Prior to 2/1/10 and Allowing Extra Portion of 5 Minutes to Mitigate Other
Uncompensated Time After 2/1/10,” indicating damages at the rate of regular pay that
total $1,547,276.42 (Filing No. 332-1 at ECF pp. 95-188). The defendant objects to any
recovery of damages at the regular rate of pay in the judgment.

Filing No. 333,

Response at 4.
In earlier orders and at trial, the court found that the plaintiffs could not recover
for regular time. See Filing No. 311, Findings of Fact and Conclusions of Law at 48
(Filing No. 311 at ECF p. 48); Filing No. 292, Transcript (Vol. II) at 570-74 (Filing No.
292 at ECF pp. 299-303).

Accordingly, the court finds the appropriate amount of

compensatory damages in this case is $6,258,329.74. A judgment in accordance with
that finding will issue this date.
DATED this 30th day of January, 2014.
BY THE COURT:

s/ Joseph F. Bataillon
United States District Judge

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