Prue v. Hudson Falls Post No. 574, The American Legion, Department of New York et al
| Joy Prue |
| Hudson Falls Post No. 574, The American Legion, Department of New York and Chris Fontaine |
| 1:2013cv01280 |
| October 16, 2013 |
| US District Court for the Northern District of New York |
| Albany Office |
| Washington |
| Christian F. Hummel |
| Frederick J. Scullin |
| Fair Labor Standards Act |
| 29 U.S.C. ยง 201 |
| Plaintiff |
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Filing
106
JUDGMENT: It is ORDERED and ADJUDGED that Plaintiff is entitled to damages in the amount of $11,272.50 for overtime compensation arising out of her employment with Defendant, together with reasonable attorney's fees and costs. Judgment is entered in favor of the Plaintiff. (nmk)
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Filing
68
MEMORANDUM-DECISION AND ORDER: The Court hereby ORDERS that Defendants' # 62 Motion for Partial Summary Judgment is GRANTED and Plaintiff's claim against Defendant Chris Fontaine is DISMISSED. The Court further ORDERS that Plaintiff' s # 27 Motion for Summary Judgment with respect to Defendant Post 574's liability for non-willful violation of the FLSA is GRANTED. The Court further ORDERS that Defendants' # 16 Motion to Dismiss Plaintiff's Complaint is DENIED. T he Court further ORDERS that Plaintiff's # 15 Motion to Strike Defendants' Amended Answer and affirmative defenses to Plaintiff's Complaint or, in the alternative, for a More Definite Statement is DENIED as moot. The Court further OR DERS that counsel shall participate in a telephone conference with the Court on May 12, 2015 at 10:00 a.m. to set a hearing date to determine the following: (1) the number of hours that Plaintiff worked as house manager for each week between April 17 , 2011, and April 1, 2012, and (2) the regular hourly rate at which Defendant Post 574 should compensate Plaintiff for the hours that she worked as house manager in excess of forty hours per week for the period between April 27, 2011, until November 2012. The Court will provide dial-in instructions to counsel for the telephone conference prior to May 12, 2015. Signed by Senior Judge Frederick J. Scullin, Jr. on 3/31/2015. (nmk)
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