Klein v. Torrey Point Group, LLC

Klein v. Torrey Point Group, LLC

Plaintiff:	William Klein
Defendant:	Torrey Point Group, LLC
Case Number:	1:2012cv01190
Filed:	February 16, 2012
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	Orange
Presiding Judge:	Paul G. Gardephe
Nature of Suit:	Fair Labor Standards Act
Cause of Action:	29 U.S.C. § 201
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
October 23, 2013	Filing 60 OPINION AND ORDER re: 31 MOTION for Summary Judgment filed by Torrey Point Group, LLC, 42 CROSS MOTION for Partial Summary Judgment Notice of Motion related to Documents 38, 39, 40 and 37 filed by William Klein, 41 MOTION for Discovery Notice of Motion to Compel Production of Documents and Information and for Sanctions related to Documents 36 and 37 filed by William Klein. For the reasons discussed herein: Regarding the primary duties prong of the administrative exemption, Defendant's motion for summary judgment and Plaintiffs motion for partial summary judgment are both DENIED. Regarding the independent judgment prong of the administrative exemption, Defendant's motion for summary judgment is GRANTED and P laintiff's motion for partial summary judgment is DENIED. Defendant's motion for summary judgment on Plaintiff's commission claim is DENIED. Plaintiff's motion for partial summary judgment that he may receive post-termination comm issions for sales booked before his termination is GRANTED. The disposition of this claim offers no conclusion with respect to what duties Plaintiff was obliged to perform to "earn" commissions, nor what commission payments, if any, are act ually owed Plaintiff. Defendant's motion for summary judgment on Plaintiff's bonus claim is DENIED. Defendant's motion for summary judgment on Plaintiff's severance claim under ERISA is GRANTED. Defendant's motion for summar y judgment on Plaintiff's quantum meruit claim is GRANTED. Plaintiff's motion for summary judgment regarding the proper method of calculating overtime damages is DENIED. Plaintiff's motion to compel production is GRANTED IN PART AND D ENIED IN PART, as detailed and limited above. Plaintiff's motion for sanctions is DENIED. Plaintiff's motion for costs and fees associated with his motion to compel is DENIED. Defendant is ORDERED to produce the documents identified above within 30 days of the signature date of this Opinion and Order. The parties should observe the requirements of the Stipulated Protective Order in this case insofar as any documents produced in accordance with this Opinion and Order are subject to suc h protections. The parties are encouraged to confer independently to develop appropriate measures to protect from publication information associated with non-parties to this action. In the event the parties cannot come to agreement regarding appropri ate protective measures, Defendant may submit a letter to the Court proposing such measures as it deems appropriate. The Clerk of Court shall terminate the motions pending at docket entries 31, 41, and 42. (Signed by Judge Katherine Polk Failla on 10/23/2013) (mro)

Date Filed

Document Text

October 23, 2013

Filing 60 OPINION AND ORDER re: 31 MOTION for Summary Judgment filed by Torrey Point Group, LLC, 42 CROSS MOTION for Partial Summary Judgment Notice of Motion related to Documents 38, 39, 40 and 37 filed by William Klein, 41 MOTION for Discovery Notice of Motion to Compel Production of Documents and Information and for Sanctions related to Documents 36 and 37 filed by William Klein. For the reasons discussed herein: Regarding the primary duties prong of the administrative exemption, Defendant's motion for summary judgment and Plaintiffs motion for partial summary judgment are both DENIED. Regarding the independent judgment prong of the administrative exemption, Defendant's motion for summary judgment is GRANTED and P laintiff's motion for partial summary judgment is DENIED. Defendant's motion for summary judgment on Plaintiff's commission claim is DENIED. Plaintiff's motion for partial summary judgment that he may receive post-termination comm issions for sales booked before his termination is GRANTED. The disposition of this claim offers no conclusion with respect to what duties Plaintiff was obliged to perform to "earn" commissions, nor what commission payments, if any, are act ually owed Plaintiff. Defendant's motion for summary judgment on Plaintiff's bonus claim is DENIED. Defendant's motion for summary judgment on Plaintiff's severance claim under ERISA is GRANTED. Defendant's motion for summar y judgment on Plaintiff's quantum meruit claim is GRANTED. Plaintiff's motion for summary judgment regarding the proper method of calculating overtime damages is DENIED. Plaintiff's motion to compel production is GRANTED IN PART AND D ENIED IN PART, as detailed and limited above. Plaintiff's motion for sanctions is DENIED. Plaintiff's motion for costs and fees associated with his motion to compel is DENIED. Defendant is ORDERED to produce the documents identified above within 30 days of the signature date of this Opinion and Order. The parties should observe the requirements of the Stipulated Protective Order in this case insofar as any documents produced in accordance with this Opinion and Order are subject to suc h protections. The parties are encouraged to confer independently to develop appropriate measures to protect from publication information associated with non-parties to this action. In the event the parties cannot come to agreement regarding appropri ate protective measures, Defendant may submit a letter to the Court proposing such measures as it deems appropriate. The Clerk of Court shall terminate the motions pending at docket entries 31, 41, and 42. (Signed by Judge Katherine Polk Failla on 10/23/2013) (mro)

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Plaintiff: William Klein
Represented By:	Robert Lee Rotmil
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Defendant: Torrey Point Group, LLC
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