Fenton v. Farmers Insurance Exchange

Justia Dockets & Filings Eighth Circuit Minnesota District Court Fenton v. Farmers Insurance Exchange

Fenton v. Farmers Insurance Exchange

Plaintiff:	Michael Fenton
Defendant:	Farmers Insurance Exchange
Case Number:	0:2007cv04864
Filed:	December 14, 2007
Court:	US District Court for the District of Minnesota
Office:	DMN Office
County:	Dakota
Presiding Judge:	Franklin L. Noel
Presiding Judge:	John R. Tunheim
Nature of Suit:	Labor: Fair Standards
Cause of Action:	28 U.S.C. § 1331 Fed. Question: Fair Labor Standards
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
March 16, 2010	Filing 158 ORDER denying defendant's 148 Motion for Certificate of Appealability (Written Opinion). Signed by Judge John R. Tunheim on March 16, 2010. (DML)
September 29, 2009	Filing 146 MEMORANDUM OPINION AND ORDER (1) granting in part, deferring in part, and denying in part plaintiffs' 91 Motion for Partial Summary Judgment. Motion is granted as to plaintiffs' contention that they are not exempt from t he overtime requirements of the FLSA and California state law, and as to plaintiffs' claim for liquidated damages. Motion is deferred as to plaintiffs' claim for unpaid breaks. In all other respects, plaintiffs' mot ion is denied. (2) granting in part, deferring in part, and denying in part defendant's 102 Motion for Summary Judgment. Motion is granted as to plaintiffs' allegation that defendant's alleged violations wer e willful; as to plaintiffs' California state law "waiting period" claim; and as to the California state law pay stub claim of plaintiff Neil Coffman. Motion is deferred as to plaintiffs' claim for unpaid breaks . In all other respects, defendant's motion is denied. (3) Within twenty days of the California Supreme Court's ruling in Brinkley v. Public Storage, the parties are to file a joint letter indicating whether further proceedings are necessary concerning plaintiffs' claim for unpaid breaks (Written Opinion). Signed by Judge John R. Tunheim on September 29, 2009. (DML)

Date Filed

Document Text

March 16, 2010

Filing 158 ORDER denying defendant's 148 Motion for Certificate of Appealability (Written Opinion). Signed by Judge John R. Tunheim on March 16, 2010. (DML)

September 29, 2009

Filing 146 MEMORANDUM OPINION AND ORDER (1) granting in part, deferring in part, and denying in part plaintiffs' 91 Motion for Partial Summary Judgment. Motion is granted as to plaintiffs' contention that they are not exempt from t he overtime requirements of the FLSA and California state law, and as to plaintiffs' claim for liquidated damages. Motion is deferred as to plaintiffs' claim for unpaid breaks. In all other respects, plaintiffs' mot ion is denied. (2) granting in part, deferring in part, and denying in part defendant's 102 Motion for Summary Judgment. Motion is granted as to plaintiffs' allegation that defendant's alleged violations wer e willful; as to plaintiffs' California state law "waiting period" claim; and as to the California state law pay stub claim of plaintiff Neil Coffman. Motion is deferred as to plaintiffs' claim for unpaid breaks . In all other respects, defendant's motion is denied. (3) Within twenty days of the California Supreme Court's ruling in Brinkley v. Public Storage, the parties are to file a joint letter indicating whether further proceedings are necessary concerning plaintiffs' claim for unpaid breaks (Written Opinion). Signed by Judge John R. Tunheim on September 29, 2009. (DML)

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Plaintiff: Michael Fenton
Represented By:	Paul J Lukas
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Defendant: Farmers Insurance Exchange
Represented By:	Frederick E Finch
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