ACOSTA v. MOSLUOGLU, INC. et al
Filing
48
ORDERED AS FOLLOWS THAT PLAINTIFFS MOTION FOR LEAVE TO FILE A REPLY BRIEF (ECF NO. 45) IS GRANTED; DEFENDANTS MOTION FOR SUMMARY JUDGMENT (ECF NO. 44) IS DENIED IN FULL; PLAINTIFFS MOTION FOR SUMMARY JUDGMENT (ECF NO. 40) IS DENIED IN PART AND GRANTE D IN PART. PLAINTIFFS MOTION IS DENIED AS TO THE ISSUES OF BACK WAGES, LIQUIDATED DAMAGES, INJUNCTIVE RELIEF, WHETHER DEFENDANT ENGIN GUNAYDIN IS AN EMPLOYER UNDER THE FLSA, AND WHETHER DEFENDANTS VIOLATIONS WERE WILLFUL. PLAINTIFFS MOTION IS GRANTED IN RELATION TO 2 ESTABLISHING MINIMUM WAGE, OVERTIME, AND RECORDKEEPING VIOLATIONS. SIGNED BY HONORABLE EDUARDO C. ROBRENO ON 4/27/21. 4/28/21 ENTERED AND COPIES E-MAILED.(jaa, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
PATRICK PIZZELLA,
v.
Plaintiff
EMPIRE DINER, et al.,
Defendants
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CIVIL ACTION
NO. 18-4663
ORDER
AND NOW, this 27th day of April, 2021, after
considering Plaintiff’s Motion for Summary Judgment (ECF No. 40)
and Defendants’ Motion for Summary Judgment (ECF No. 44) and all
responses thereto and related filings, and for the reasons
stated in the accompanying memorandum, it is hereby ORDERED as
follows:
1. Plaintiff’s Motion for Leave to File a Reply Brief
(ECF No. 45) is GRANTED;
2. Defendants’ Motion for Summary Judgment (ECF No.
44) is DENIED in full;
3. Plaintiff’s Motion for Summary Judgment (ECF No.
40) is DENIED in part and GRANTED in part. Plaintiff’s Motion is
DENIED as to the issues of back wages, liquidated damages,
injunctive relief, whether Defendant Engin Gunaydin is an
employer under the FLSA, and whether Defendants’ violations were
willful. Plaintiff’s Motion is GRANTED in relation to
establishing minimum wage, overtime, and recordkeeping
violations.
AND IT IS SO ORDERED.
__________________________
EDUARDO C. ROBRENO, J.
2
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