Martinez-Hernandez et al v. Butterball, LLC et al
ORDER granting #454 Motion for Partial Summary Judgment. Signed by Senior Judge Malcolm J. Howard on 9/29/2011. (Heath, D.)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
LILIANA MARTINEZ-HERNANDEZ and
ULDA APONTE, both individually
and on behalf of all other
similarly situated persons,
This matter is before the court on defendant’s motion for
partial summary judgment on all Fair Labor Standards Act (“FLSA”)
claims that are outside the two-year limitations period set forth
in 29 U.S.C. § 255(a) [DE #454].
On December 27, 2010, plaintiffs
informed the court that they “hereby waive their claim[s] to a third
year of FLSA damages based upon a finding of “willfulness” under 29
U.S.C. § 255(a).
Accordingly, the court hereby GRANTS defendant’s
motion [DE #454] and enters judgment for defendant, Butterball, LLC,
on each and every FLSA claim that arose more than two years before
the cause of action accrued.
This 29th day of September 2011.
MALCOLM J. HOWARD
Senior United States District Judge
At Greenville, NC
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