Stuart v. Resurgens Risk Management, Inc. et al
| Michael J. Stuart |
| Resurgens Risk Management, Inc., Willie H. Burks, Ronald D. McAdams and Wayne Yingling |
| 1:2011cv04251 |
| December 8, 2011 |
| US District Court for the Northern District of Georgia |
| Atlanta Office |
| Fulton |
| Richard W. Story |
| Fair Labor Standards Act |
| 29 U.S.C. ยง 216 |
| Plaintiff |
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Filing
78
ORDER granting in part and denying in part Defendant's 59 Motion for Summary Judgment. It is GRANTED with respect to any Count I claim for overtime compensation arising after March 21, 2011 and as to Plaintiffs Count II claim for quantum meru it/unjust enrichment in its entirety. It is DENIED with respect to Defendants assertion that Defendants McAdams and Yingling are not employers under the FLSA. Plaintiffs Motion for Partial Summary Judgment 55 is GRANTED in part and DENIED in part. It is GRANTED on Plaintiffs claim that Defendants Burks and Yingling are employers under the FLSA. It is DENIED, however, with respect to Plaintiffs claim that Defendant McAdams is an employer under the FLSA. It is also DENIED with respect to Plaint iffs Count I claim for overtime compensation, liquidated damages, costs, and attorneys fees under the FLSA, and with respect to Plaintiffs assertion that Defendants violation of the FLSA was willful. Finally, it is DENIED with respect to Plaintiffs claim that Defendants violated the record-keeping provisions of the FLSA.. Signed by Judge Richard W. Story on 6/12/2013. (cem)
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