CALLI v. ARC MAINTENANCE, INC. et al

Filing 64

ORDER THAT DEFENDANT'S MOTION FOR SUMMARY JUDGMENT, ECF NO. 24, IS GRANTED IN PART AND DENIED IN PART AS FOLLOWS: A. THE MOTION IS DENIED AS TO COUNT I, ALLEGING A VIOLATION OF THE OVERTIME PROVISIONS OF THE FLSA, ETC. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 1/21/16. 1/21/16 ENTERED AND COPIES E-MAILED.(er, )

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF PENNSYLVANIA
_______________________________________
MARCELO CALLI,

:
:
v.
:
:
ARC MAINTENANCE, INC., CRAIG D.
:
COTURE, SCOTT LUTZ, and GARY LUTZ, :
Defendants.
:
_______________________________________
Plaintiff,

No. 5:14-cv-5292

ORDER
NOW, this 21st day of January, 2016, for the reasons set forth in the Memorandum issued
this date, IT IS HEREBY ORDERED THAT:
1.

Defendant’s Motion for Summary Judgment, ECF No. 24, is GRANTED in part

and DENIED in part as follows:
A.

The motion is denied as to Count I, alleging a violation of the overtime
provisions of the FLSA;

B.

The motion is denied as moot as to Count II, alleging retaliation in
violation of the FLSA, because this claim was previously dismissed;

C.

The motion is denied as to Count III, alleging a violation of the PMWA;

D.

The motion is granted as to Count IV, alleging a violation of the WPCL,
and this count is dismissed; and

E.

The motion is granted as to Count V, alleging unjust enrichment, and this
Count is dismissed.

BY THE COURT:

/s/ Joseph F. Leeson, Jr.___________
JOSEPH F. LEESON, JR.
United States District Judge