Barb v. Heath Consultants, Inc

Filing 48

OPINION and ORDER granting 32 Motion for Partial Summary Judgment and judgment is entered in favor of the defendant as to claim referred to by the plaintiff as the "fringe benefit scheme," which is a claim that it was a violation of law not to increase the ULs' regular rate of pay by the amount of the imputed benefit of $1.50 per one-way commute in the vehicle provided by the employer; granting 30 Motion for Conditional Certification and Class Certification except as to the claim referred to as the "fringe benefit scheme," for which summary judgment for the defendant has been granted herein. Signed by Senior Judge James P. Jones on 7/3/2024. (flc)

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JAMES BARB, Individually and for ) Others Similarly Situated, ) ) Plaintiff, ) ) v. ) ) ) HEATH CONSULTANTS, INC., ) ) Defendant. ) Case No. 1:23CV00058 OPINION AND ORDER JUDGE JAMES P. JONES Argued: David M. Mathews, JOSEPHSON DUNLAP LLP, Houston, Texas, for ONNOR, Houston, Texas, Jerry W. Kilgore, Plaintiff; David L. Barron, COZEN ONNOR, Richmond, Virginia, and Austin G. Dieter, COZEN ONNOR, COZEN Chicago, Illinois, for Defendant. 1 2 1 2 As the Supreme Court has stated: A party seeking class certification must affirmatively demonstrate his compliance with the Rule that is, he must be prepared to prove that there are in fact sufficiently numerous parties, common questions of law or fact, etc. We recognized in [Gen. Tel. Co. of Sw. v.] Falcon that pleadings before coming to rest on the certificati is satisfied, after a rigorous analysis, that the prerequisites of Rule 23(a) id., at 161 [ ]; see id. pres merits of the plaintiff's underlying claim. That cannot be helped. Wal-Mart Stores, Inc., v. Dukes, 564 U.S. 338, 350 351 (2011). ENTER: July 3, 2024 /s/ JAMES P. JONES Senior United States District Judge

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