Thomas et al v. Waste Pro USA, Inc. et al
| Alfred W. Thomas, Edward Allen and Dodd Blandon |
| Waste Pro USA, Inc., Waste Pro of Florida, Inc. and Delta Sanitation of Mississippi |
| 8:2017cv02254 |
| September 28, 2017 |
| US District Court for the Middle District of Florida |
| Tampa Office |
| XX US, Outside State |
| Charlene Edwards Honeywell |
| Thomas B. McCoun |
| Fair Labor Standards Act |
| 29 U.S.C. ยง 201 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
401
ORDER: (1) The Report and Recommendation of the Magistrate Judge 400 is adopted, confirmed, and approved in all respects and is made a part of this Order for all purposes, including appellate review. (2) The parties' Joint Motion for A pproval of Settlement and Dismissal with Prejudice 398 is GRANTED. The Settlement Agreement (Doc. 398 - 1) is APPROVED, as it constitutes a fair and reasonable resolution of a bona fide dispute. (3) This action is DISMISSED, with prejudice. (4) The Clerk is directed to terminate all pending motions and close this case. Signed by Judge Charlene Edwards Honeywell on 11/9/2020. (BGS)
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Filing
382
ORDERED: Plaintiff's Motion for Stay of Deadlines in Amended Scheduling Order Pending Decision on Defendants' Motion to Decertify Collective Action 372 is GRANTED. The deadlines in the Amended Case Management and Scheduling Order (Do c. 251) are stayed pending a ruling on Defendants' Motion to Decertify Collective Action (Doc. 366). The parties shall file an amended Case Management Report within FIVE (5) DAYS of the Court's ruling on Defendants' Motion to Decertify Collective Action. The final pretrial conference and jury trial are cancelled and will be rescheduled after a ruling on Defendants' Motion to Decertify Collective Action. Signed by Judge Charlene Edwards Honeywell on 1/17/2020. (LJB)
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Filing
331
ORDERED: 1. Defendant Waste Pro USA, Inc.'s Motion for Summary Judgment 185 is DENIED. Genuine issues of material fact exist as to whether Waste Pro USA is a joint employer of Plaintiff and Helpers. 2. Defendant Waste Pro of Florida, Inc.'s Motion for Summary Judgment 187 is GRANTED-in-part and DENIED-in-part. Defendant WP Florida's practice of paying bonuses and including them in the regular rate, for which Defendant paid half time as overtime, did not violate the F LSA. Thus, Defendant WP Florida's Motion for Summary Judgment is GRANTED with respect to its practice of including payment of bonuses in calculating day workers' regular rate. Additionally, the Court finds that Defendant WP Florida's practice of paying a day rate, half day rate based on tasks, and bonuses does not violate the FLSA as a matter of law to the extent that payment of a day rate and half day rate was not tied to the number of hours worked. This conclusion also applie s with respect to Defendant WP USA. However, because a genuine issue of material fact exists as to whether a half day rate was paid for daily tasks if the employee worked fewer than four hours, Defendant WP Florida's Motion for Summary Judgment is DENIED with respect to whether payment of a half day rate complied with the FLSA. 3. Plaintiff's Amended Motion for Partial Summary Judgment 197 is DENIED. Signed by Judge Charlene Edwards Honeywell on 9/30/2019. (LJB)
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Filing
306
ORDERED: Plaintiff's Motion for Judicial Notice 222 is GRANTED. The Court will judicially notice the documents cited herein to the extent of recognizing the judicial acts and the subject matter of the litigation in other cases, and to recognize what is stated in the corporate documents, but not to establish the truth of such facts contained in court papers and corporate documents. Signed by Judge Charlene Edwards Honeywell on 8/15/2019. (LJB)
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Filing
201
ORDERED: 1. Plaintiff's Motion to Strike Defendants' Three Most Recent Summary Judgment Motions 194 is DENIED. 2. Plaintiff's Motion for Extension of Time and/or to Stay Deadline for Plaintiff to File Response to Defendants� 39; Summary Judgment Motions 196 is DENIED. 3. Because Plaintiff's deadline to respond to Defendants' pending motions for summary judgment is today, January 18, 2019, the Court will extend that deadline by one week, to and including January 25, 2019. Signed by Judge Charlene Edwards Honeywell on 1/18/2019. (LJB)
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