Barrus v. Dick's Sporting Goods, Inc. et al
| 6:2005cv06253 |
| May 17, 2005 |
| US District Court for the Western District of New York |
| Rochester Office |
| Jonathan W. Feldman |
| Charles J. Siragusa |
| Labor: Fair Standards |
| 29 U.S.C. ยง 201 Fair Labor Standards Act |
| Plaintiff |
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Filing
352
DECISION AND ORDER granting in part and denying in part 293 Motion to Dismiss; granting in part and denying in part 293 Motion to Strike. The Court denies certification of the state common and statutory law claims as a class action, dismisses Pla intiffs common law claims seeking allegedly unpaid overtime as preempted by FLSA by, and dismisses Plaintiffs ERISA and RICO claims. The following causes of action may go forward in this lawsuit: First (FLSA); and Fifth (unpaid wages). As to the Fift h cause of action for unpaid wages under common or statutory law, only those claims involving New York law may go forward. Claims under the remaining jurisdictions outside New York are dismissed without prejudice to bringing actions in an appropriate jurisdiction.Signed by Hon. Charles J. Siragusa on 8/4/10. (KAP)
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