Martino et al v. Wire to Wire, Inc. et al
| Michael Martino and Brian Yelton |
| Wire to Wire, Inc., Todd C Philpott and Martin E Crabill |
| 1:2012cv00562 |
| July 24, 2012 |
| US District Court for the Southern District of Ohio |
| Cincinnati Office |
| HAMILTON |
| Susan J. Dlott |
| Labor: Fair Standards |
| 29 U.S.C. ยง 201 Denial of Overtime Compensation |
| Plaintiff |
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Filing
67
OPINION AND ORDER granting in part and denying in part 50 Motion to Dismiss for Failure to State a Claim by Defendant Chapel Electric Co.; granting in part and denying in part 51 Motion to Dismiss for Failure to State a Claim by Defendant TriVe rsity Construction Company LLC. The motions to dismiss Plaintiffs' state common law claim for breach of contract are DENIED WITHOUT PREJUCICE. The alternative motions to hold said claim in abeyance are GRANTED. Plaintiffs are ORDERED to file w ith the Clerk of this Court a brief report describing the status of the proceedings in Martino, et al. v. Philpott, Adversary Proceeding Case No. 1:13-ap-01084 (Bankr. S. D. Ohio 2013) no later than 12/8/2014, and every 90 days thereafter. Finally, the preliminary pretrial conference set for 9/9/2014 at 11:00 AM is VACATED. Signed by Judge S Arthur Spiegel on 9/8/2014. (km1)
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