Acosta v. Mercy Services of Health, Inc. et al

Filing 84

ED that the Court strikes this exhibit for the reasons Jude Anderson addressed in his Recommendation, as well as for additional illogical and improbable entries throughout the document. The Court cannot in good faith award damages based on data show ing, in its very first entry, that an employee worked 128 hours in a pay period that both began and ended on 6/17/2016. Extraordinary hours indicated for supposed one-day periods plague much of the exhibit. See Order for further details. Signed by District Judge Liam O'Grady on 9/19/2019. (rban, )

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IN THE UNITED STATES DISTRJICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division Patrick Pizzella, Acting Secretary of Labor, United States Department of Labor, Civil Action No. 1:18-cv-366 Plaintiff, Hon. Liam O'Grady Hon. John F. Anderson Mercy Services of Health,Inc.,et al. Defendants. ORDER Before the Court is the Plaintiffs Amended Motion for Default Judgment(Dkt. 66)and Magistrate Judge John P. Anderson's Proposed Findings ofFact and Recommendations(Dkt. 77) ("Recommendation"). Upon review and consideration ofthe filings in this matter and associated exhibits, the Court finds cause to strike Plaintiffs Exhibit A(Dkt. 76-1), attached in support of the proposed damages award. The Court strikes this exhibit for the reasons Judge Anderson addressed in his Recommendation,as well as for additional illogical and improbable entries throughout the document. The Court cannot in good faith award damages based on data showing,in its very first entry, that an employee worked 128 hours in a pay period that both began and ended on June 17,2016. Id. at 1. Extraordinary hours indicated for supposed one-day pay periods plague much ofthe exhibit.

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