Charlot et al v. Ecolab, Inc.
| Anthony Charlot, Alan Remache and Jose Tejada |
| Ecolab, Inc. |
| 2:2012cv04543 |
| September 11, 2012 |
| US District Court for the Eastern District of New York |
| Central Islip Office |
| Gary R. Brown |
| Leonard D. Wexler |
| Labor: Fair Standards |
| 29 U.S.C. ยง 201 Fair Labor Standards Act |
| Plaintiff |
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Filing
237
ORDER granting 160 Defendant's Motion for Summary Judgment and denying 171 Plaintiffs' Motion for Summary Judgment. For reasons set forth in the Memorandum and Order, defendant's motion for summary judgment is granted on the ground that plaintiffs are commissioned salespersons under 29 U.S.C. § 207(i) ("Section 7(i)"), and plaintiffs' cross-motion for partial summary judgment is denied. In light of the court's determination under Section 7(i), the cou rt need not reach a determination on the merits with respect to whether plaintiffs are exempt as "outside salesmen" under 29 U.S.C. § 213(a). The parties are ordered to submit a joint status letter in writing no later than October 7, 2015, as to how they intend to proceed. Ordered by Judge Kiyo A. Matsumoto on 9/30/2015. (Tsay, Stephanie)
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Filing
199
ORDER ADOPTING REPORT AND RECOMMENDATIONS. Upon both clear error and de novo review of the record and Judge Scanlons well-reasoned and thorough Report and Recommendation, the court respectfully overrules the plaintiffs' objections and a dopts the Report and Recommendation in all respects as the opinion of the court. Accordingly, the Named Plaintiffs Motion to Amend is granted to the extent that the proposed claims are timely as of April 15, 2014. The Named Plaintiffs are directed to file an Amended Complaint consistent with this Order and Judge Scanlons Report and Recommendation within fourteen (14) days of this Order. Ordered by Judge Kiyo A. Matsumoto on 3/27/2015. (Tsay, Stephanie)
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