Hendricks et al v. Total Quality Logistics, LLC

Filing 232

ORDER by Chief Judge Susan J. Dlott granting #225 Motion to Stay consideration of defts motion for summary judgment. (vp)

Case: 1:10-cv-00649-SJD Doc#: 225 Filed: 02/08112 Page: 1 of 6 PAGEID #: 27~~

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OIDO- WESTERN DIVISION
ROBERT HENDRICKS, et al.

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Case No. I: I OCV00649

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Plaintiffs
vs.

Chief Judge Susan J. Dlott

TOTAL QUALITY LOGISTICS, LLC, et al.
Defendants
PLAINTIFFS' MOTION TO STAY CONSIDERATION OF DEFENDANTS'
MOTIONS FOR SUMMARY JUDGMENT REGARDING THE CLAIMS
ASSERTED ON BEHALF OF JASON BROWN; DREW DONNER; BILLY
PASKAL AND CORYZAVAGNO

On January 30, 2012, the same date Plaintiffs filed their motion for class certification,
Defendants filed four summary judgment motions regarding the claims of individual plaintiffs
and have indicated that additional motions will be filed on a rolling basis. Three of these
motions assert exemption defenses to overtime (motions filed against Jason Brown, Drew
Donner and Billy Paskal), the fourth, a statute of limitations defense. (Cory Zavagno) In their
motion for certification, Plaintiffs argue entitlement to overtime is a common question and the
exemption defenses can be litigated on a class wide basis. All of the motions are filed under seal.
For reasons of judicial efficiency and to permit the parties to accurately choose their
litigation strategies, Plaintiffs request that this Court stay consideration of individual or class
wide summary judgement motions until it considers the motion for class certification. Delaying
the consideration of summary judgment is also consistent with the parties' agreement to litigate
this case in two phases in their Joint Discovery Plan.