Monahan et al v. Emerald Performance Materials LLC

Filing 64

JUDGMENT BY COURT (JAB) Modified on 3/2/2010 (JAB). Vacated (entered in error)

AO 450 (Rev. 5/85) (Mod. 10/93) Judgment in a Civil Case "

United States District Court
WESTERN DISTRICT OF WASHINGTON

MILES MONAHAN; DALE HOUSDEN; DAVID ROBERTS; JIM MUMFORD; CALVIN LUKKEN; BRADLEY PORTER; JAY EVENSON; AARON JESSOP; MICHAEL SWIHART; and DARREN WISHARD, v. EMERALD PERFORMANCE MATERIALS, LLC, a foreign corporation, [%]

JUDGMENT IN A CIVIL CASE
CASE NUMBER: C08-1511 RBL

Decision by Court. This action came under consideration before the Court. The issues have been considered and a decision has been rendered. THE COURT HAS ORDERED THAT Defendant's motion to dismiss Plaintiffs' FLSA and Portal-to-Portal Act claims [Dkt. #27] is hereby GRANTED. Those claims are dismissed with prejudice. (Order entered 4/22/2009) Defendant's Motion for Summary Judgment on the basis of preemption of state law claims [Dkt. #31] is DENIED. Plaintiffs' Motion for Partial Summary Judgment [Dkt. #40] is GRANTED IN PART AND DENIED IN PART. Defendant's Motion for Summary Judgment regarding state law claims [Dkt. #39] is GRANTED IN PART AND DENIED IN PART. All other pending motion are DENIED AS MOOT. (Order entered 2/25/2009) Case is closed.

DATED : 3/1/2010 BRUCE RIFKIN Clerk /s/ Jean Boring (By) Deputy Clerk, Jean Boring