Noel v. Metropolitan Government of Nashville & Davidson County et al

Filing 168

ORDER granting 166 Motion for Leave to File Sur-Reply. Signed by District Judge Kevin H. Sharp on 3/7/13. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(dt) Modified on 3/8/2013 (dt).

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF TENNESSEE VONDA NOEL, On behalf of HERSELF and All Others Similarly Situated, Plaintiff, v. METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY, TENNESSEE, Defendant. ) ) ) ) ) ) ) ) ) ) ) ) ) CLASS AND COLLECTIVE ACTION CASE NO. 3:11-cv-519 JUDGE SHARP MAGISTRATE JUDGE KNOWLES MOTION FOR LEAVE TO FILE SUR-REPLY IN OPPOSITION TO DEFENDANT’S MOTION TO DECERTIFY COLLECTIVE ACTION In Defendant’s Reply to Plaintiff’s Response to Defendant’s Motion to Decertify the Collective Class (Doc. No. 160.), Defendant focuses, for the first time, on Defendant’s claim that it pays a “salary” to its correctional officers for all regularly scheduled work, rather than paying for the shifts actually worked. To address this newly framed argument, Plaintiff respectfully requests leave to file the attached, two-page Sur-Reply. Dated: March 6, 2013 Respectfully submitted, /s/ David W. Garrison GEORGE E. BARRETT DAVID W. GARRISON SCOTT P. TIFT SETH M. HYATT BARRETT JOHNSTON, LLC 217 Second Avenue North Nashville, TN 37201 (615) 244-2202 gbarrett@barrettjohnston.com dgarrison@barrettjohnston.com 1 _

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