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Wright v. Ristorante La Buca Inc., 18-2207. (2018)

Court: District Court, E.D. Pennsylvania Number: infdco20181023j81 Visitors: 4
Filed: Oct. 22, 2018
Latest Update: Oct. 22, 2018
Summary: ORDER MARK A. KEARNEY , District Judge . AND NOW, this 22 nd day of October 2018, upon considering Plaintiff's Motion for summary judgment (ECF Doc. No. 24), Defendant's Response expressing no opposition (ECF Doc. No. 33), and for reasons in the accompanying memorandum, it is ORDERED Plaintiff's Motion (ECF Doc. No. 24) is GRANTED in part and DENIED in part: 1. Plaintiff's Motion (ECF Doc. No. 24) is GRANTED as to liability under the Fair Labor Standards Act and the Pennsylvania
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ORDER

AND NOW, this 22nd day of October 2018, upon considering Plaintiff's Motion for summary judgment (ECF Doc. No. 24), Defendant's Response expressing no opposition (ECF Doc. No. 33), and for reasons in the accompanying memorandum, it is ORDERED Plaintiff's Motion (ECF Doc. No. 24) is GRANTED in part and DENIED in part:

1. Plaintiff's Motion (ECF Doc. No. 24) is GRANTED as to liability under the Fair Labor Standards Act and the Pennsylvania Minimum Wage Act against Defendant Ristorante La Buca Inc. d/b/a Ristorante La Buca;

2. Plaintiff's Motion (ECF Doc. No. 24) is DENIED as to his claim of willfulness under the Fair Labor Standards Act as there are genuine issues of material fact precluding judgment on willfulness at this stage; and,

3. The parties shall proceed towards trial on Plaintiff's claims: under the Fair Labor Standards Act against the individual Defendants; for willfulness under the Fair Labor Standards Act against Ristorante La Buca Inc.; under the Pennsylvania Wage Payment Collection Law; and, for damages.

Source:  Leagle

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