Herbst v. Ressler & Associates, Inc.

Justia Dockets & Filings Eighth Circuit Missouri Eastern District Herbst v. Ressler & Associates, Inc.

Herbst v. Ressler & Associates, Inc.

Plaintiff:	William Herbst
Defendant:	Ressler & Associates, Inc.
Case Number:	4:2013cv02327
Filed:	November 19, 2013
Court:	US District Court for the Eastern District of Missouri
Office:	St. Louis Office
County:	Jefferson
Presiding Judge:	Charles A. Shaw
Nature of Suit:	Fair Labor Standards Act
Cause of Action:	29 U.S.C. § 201
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
May 21, 2015	Filing 43 MEMORANDUM AND ORDER APPROVING SETTLEMENT IT IS HEREBY ORDERED that the parties' Joint Motion for Approval of Settlement Agreement of FLSA Claim is GRANTED. [Doc. 40 ] An appropriate Order of Dismissal will accompany this Memorandum and Order Approving Settlement. Signed by District Judge Charles A. Shaw on 5/21/15. (KXS)
August 22, 2014	Filing 24 MEMORANDUM AND ORDER IT IS HEREBY ORDERED that plaintiff's Motion to Dismiss for lack of subject matter jurisdiction pursuant to Rule 12(b)(1), Fed. R. Civ. P., is GRANTED in part and DENIED in part; the motion is GRANTED as to (1) defendant 's malicious prosecution counterclaim, and (2) its fraud counterclaim to the extent it is based on allegations that plaintiff concealed personal background information; the motion is DENIED as to defendant's fraud counterclaim to the ext ent it is based on allegations that plaintiff falsified the hours he worked for defendant and falsified his expense reimbursements. [Doc. 11 ] IT IS FURTHER ORDERED that plaintiff's Motion to Dismiss for failure to meet the heightened pleadin g requirement of Rule 9(b), Fed. R. Civ. P., is GRANTED as to the portions of Ressler's fraud counterclaim over which the Court has subject matter jurisdiction. [Doc. 11 ] IT IS FURTHER ORDERED that plaintiff's Motion to Strike defendant 's affirmative defenses 28 through 32 is GRANTED in part and DENIED in part; the motion is GRANTED as to affirmative defenses 30, 31 (except to the extent it alleges fraudulent expense reimbursements), and 32; and DENIED as to affirmative defenses 28, 29, and 31 (to the extent it alleges fraudulent expense reimbursements). [Doc. 11 ] An appropriate Order of Partial Dismissal will accompany this Memorandum and Order. Signed by District Judge Charles A. Shaw on 8/22/14. (KXS)

Date Filed

Document Text

May 21, 2015

Filing 43 MEMORANDUM AND ORDER APPROVING SETTLEMENT IT IS HEREBY ORDERED that the parties' Joint Motion for Approval of Settlement Agreement of FLSA Claim is GRANTED. [Doc. 40 ] An appropriate Order of Dismissal will accompany this Memorandum and Order Approving Settlement. Signed by District Judge Charles A. Shaw on 5/21/15. (KXS)

August 22, 2014

Filing 24 MEMORANDUM AND ORDER IT IS HEREBY ORDERED that plaintiff's Motion to Dismiss for lack of subject matter jurisdiction pursuant to Rule 12(b)(1), Fed. R. Civ. P., is GRANTED in part and DENIED in part; the motion is GRANTED as to (1) defendant 's malicious prosecution counterclaim, and (2) its fraud counterclaim to the extent it is based on allegations that plaintiff concealed personal background information; the motion is DENIED as to defendant's fraud counterclaim to the ext ent it is based on allegations that plaintiff falsified the hours he worked for defendant and falsified his expense reimbursements. [Doc. 11 ] IT IS FURTHER ORDERED that plaintiff's Motion to Dismiss for failure to meet the heightened pleadin g requirement of Rule 9(b), Fed. R. Civ. P., is GRANTED as to the portions of Ressler's fraud counterclaim over which the Court has subject matter jurisdiction. [Doc. 11 ] IT IS FURTHER ORDERED that plaintiff's Motion to Strike defendant 's affirmative defenses 28 through 32 is GRANTED in part and DENIED in part; the motion is GRANTED as to affirmative defenses 30, 31 (except to the extent it alleges fraudulent expense reimbursements), and 32; and DENIED as to affirmative defenses 28, 29, and 31 (to the extent it alleges fraudulent expense reimbursements). [Doc. 11 ] An appropriate Order of Partial Dismissal will accompany this Memorandum and Order. Signed by District Judge Charles A. Shaw on 8/22/14. (KXS)

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Plaintiff: William Herbst
Represented By:	Christopher N. Grant
Represented By:	Rochelle G. Skolnick
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Defendant: Ressler & Associates, Inc.
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