WRIGHT v. RISTORANTE LA BUCA INC. et al

Filing 36

ORDER THAT PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT IS GRANTED IN PART AND DENIED IN PART; ETC.. SIGNED BY HONORABLE MARK A. KEARNEY ON 10/22/18. 10/22/18 ENTERED AND E-MAILED.(jl, )(jl, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
NICHOLAS J. WRIGHT

v.

CIVIL ACTION
NO. 18-2207

RISTORANTE LA BUCA INC., et al

ORDER
AND NOW, this 22"d day of October 2018, upon considering Plaintiffs Motion for

summary judgment (ECF Doc. No. 24), Defendant's Response expressing no opposition (ECF
Doc. No. 33), and for reasons in the accompanying memorandum, it is ORDERED Plaintiffs
Motion (ECF Doc. No. 24) is GRANTED in part and DENIED in part:
1.

Plaintiffs Motion (ECF Doc. No. 24) is GRANTED as to liability under the Fair

Labor Standards Act and the Pennsylvania Minimum Wage Act against Defendant Ristorante La
Buca Inc. d/b/a Ristorante La Buca;
2.

Plaintiffs Motion (ECF Doc. No. 24) is DENIED as to his claim of willfulness

under the Fair Labor Standards Act as there are genuine issues of material fact precluding
judgment on willfulness at this stage; and,
3.

The parties shall proceed towards trial on Plaintiffs claims: under the Fair Labor

Standards Act against the individual Defendants; for willfulness under the Fair Labor Standards
Act against Ristorante La Buca Inc.; under the Pennsylvania Wage Payment Collection Law;
and, for damages.