Wilson et al v. Wings Over Happy Valley MDF et al

Filing 131

ORDER (memorandum filed previously as separate docket entry 130 ) - AND NOW, on this 24th day of January 2023, in accordance with the Memorandum entered concurrently with this Order, IT IS ORDERED THAT the motion for summary judgment (Doc. No. 123 ) filed by Defendants Wings Over Happy Valley MDF, LLC, and Steven C. Moreira (Defendants) is GRANTED IN PART and DENIED IN PART to the following extent: 1. The motion for summary judgment is GRANTED as to the following seventeen (17) Opt-In Plaintiffs Fair Labor Standards Act (FLSA) claims: SEE ORDER FOR COMPLETE DETAILS. Signed by Honorable Yvette Kane on 1/24/23. (dmn)

Case 4:17-cv-00915-YK Document 131 Filed 01/24/23 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
TY CARTS, et al., individually and
on behalf of all other similarly situated
individuals,
Plaintiffs

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v.
WINGS OVER HAPPY VALLEY MDF,
LLC d/b/a WINGS OVER HAPPY
VALLEY, et al.,
Defendants

No. 4:17-cv-00915
(Judge Kane)

ORDER
AND NOW, on this 24th day of January 2023, in accordance with the Memorandum
entered concurrently with this Order, IT IS ORDERED THAT the motion for summary
judgment (Doc. No. 123) filed by Defendants Wings Over Happy Valley MDF, LLC, and Steven
C. Moreira (“Defendants”) is GRANTED IN PART and DENIED IN PART to the following
extent:
1.

The motion for summary judgment is GRANTED as to the following seventeen
(17) Opt-In Plaintiffs’ Fair Labor Standards Act (“FLSA”) claims:
• Braxton Amundson
• Ethan Butterbaugh
• Christopher Crosier
• Brian D. Floris
• Michael Galantino
• Harrison J. Gardner
• Christopher Gast
• Wade Henshaw
• D. Hoffman, Jr.

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George Kepler
Vladimir Londõno
Michael Munoz
Dylan Reap
Moussa Sangare
Toby Smoyer
Alec D. Stouffer
Matthew Troxwell

Entry of judgment in favor of Defendants and against the above seventeen (17)
Opt-In Plaintiffs will be deferred until the conclusion of this case;
2.

The motion for summary judgment is GRANTED as to the FLSA claims asserted
by Named Plaintiffs Ty Carts, Colin Krieger, Lewis Grove, and Brandon Ronald,
all of whom were named in the original and amended complaints. Entry of

Case 4:17-cv-00915-YK Document 131 Filed 01/24/23 Page 2 of 2

judgment in favor of Defendants as to these claims will be deferred until the
conclusion of this case;
3.

The motion for summary judgment is DENIED in all other respects;

4.

The claims that remain are as follows:

5.

a.

The FLSA collective claims of Opt-In Plaintiffs Joshua H. Braucht, Dustin
Gilmore, Zachary Keim, Matthew J. Lamb, Johnathan Lieberman, Seth J.
Steele, and Aaron Symosky;

b.

The state law claims brought by Named Plaintiffs Ty Carts, Colin Krieger,
Lewis Grove, and Brandon Ronald; and

A telephone status conference is scheduled for February 16, 2023, at 10:00 a.m.,
to discuss a potential date for the commencement of trial in this matter. Plaintiffs’
counsel shall initiate the call to 717-221-3990. Prior to the conference, the
parties shall meet and confer regarding settlement of the case.

s/ Yvette Kane
Yvette Kane, District Judge
United States District Court
Middle District of Pennsylvania

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