Perry et al v. City of New York et al

Filing 168

OPINION & ORDER re: #132 MOTION for Summary Judgment . filed by Chaz Perry, #130 MOTION for Summary Judgment . filed by New York City Fire Department, City of New York. For the foregoing reasons, Plaintiffs' motion for partial summary judgment, (Doc. 132), is GRANTED as to their argument that meal allowances should be included as part of the regular rate of pay, but DENIED in all other respects. Defendants' motion for summary judgment, (Doc. 130), is GRANTED with regard to their argument that the Bankruptcy Plaintiffs, excepting the six identified above, are judicially estopped from pursuing their claims, and DENIED in all other respects. A conference to discuss Plaintiffs' motion to strike certain portions of Defendants' expert's declaration, as well as any other remaining issues, shall be held on April 20, 2018 at 1:30 p.m. in Courtroom 518 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York. The Clerk of Court is respectfully directed to terminate the open motions at Documents 130 and 132. SO ORDERED. (Signed by Judge Vernon S. Broderick on 3/26/2018) (rj)

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