Pierce et al v. Wyndham Vacation Resorts, Inc. et al
| Jesse Pierce, Michael Pierce, Benjamin Blount, Nicholas Chappell, Billy L. Clark, David Hart, James H. Hicks, Nick Lucas, Robert Bryant West, Kisa Abbott, Steven Brooks, Lisa Brown, Stacy Caldwell, Jasyntha Cornwell, Bradley D. Dalton, Dennis Gray, Matthew Greene, Daniel Hurst, Mitzi Lindsey, Heather Myrick, Cowan Rodgers, IV, Tiffany Sweeley, Brett Williamson, Jaxon Wirgau, Krysty Burroughs, William H. Repass, Amber Whaley, Heather D. Williams, Amber Leigh Albertini, Tracy Capehart, Marc Cohen, Amanda Farmer, David Goodall, Deborah A. Jones, Robert Kimbrough and Jeanne Swafford |
| Wyndham Vacation Resorts, Inc. and Wyndham Vacation Ownership, Inc. |
| 3:2013cv00641 |
| October 22, 2013 |
| US District Court for the Eastern District of Tennessee |
| Knoxville Office |
| Anderson |
| Harry S Mattice |
| C Clifford Shirley |
| Fair Labor Standards Act |
| 29 U.S.C. ยง 201 |
| None |
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The following documents for this case are available for you to view or download:
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Filing
506
ORDER re 505 Order: the Court AMENDS the Memorandum and Order and AWARDS Plaintiffs 60.5 hours per week, or 20.5 overtime hours per week, from March through December during the Recovery Period. The Court further FINDS that Plai ntiffs are not entitled to overtime compensation for the weeks worked in January and February during the Recovery Period. The parties SHALL provide the Court with the final damages calculations within ten (10) days of the instant Order. Signed by Magistrate Judge C Clifford Shirley, Jr on 10/05/2022. (KMK)
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Filing
453
MEMORANDUM AND ORDER: The Court hereby DENIES WITHOUT PREJUDICE Defendants Motion to Stay Execution of Judgment and Approve Supersedeas Bond 446 . Defendants may refile their Motion and post an adequate bond pursuant to the guidance above. Signed by Magistrate Judge Debra C Poplin on 8/22/18. (ABF)
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Filing
427
MEMORANDUM AND OPINION : This matter came before the Court on October 10, 2017, for a bench trial, which continued through October 27, 2017. After the bench trial, Defendants filed a Motion for Partial Findings and Conclusions Re garding Representative Evidence [Doc. 403 ]. Plaintiffs filed a Response [Doc. 407 ] in opposition to the Motion, and Defendants filed a Reply [Doc. 412 ]. Further, both parties filed their Proposed Findings of Fact and Conclusions of Law [Do cs. 417 , 418 ], and Responses thereto [Docs. 420 , 422 , 424 , 425 ], which the Court has considered. The Court DENIES Defendants' Motion [Doc. 403 ] and will enter a decision in favor of Plaintiffs. Finally, the Court observes that following the trial in this matter, the parties agreed that if the Court were to find violations of the FLSA, they would be able to calculate and agree on the appropriate dollar amount of damages in prompt fashion as this task was purely a ma thematical function. At this point, the Court will not enter a monetary Judgment until the parties have reported to the Court on the amount of damages, given the Courts Memorandum Opinion. The Court will thereafter enter a final Judgment reflecting the above findings and the parties reports on the damage calculation. The parties shall file a joint status report on the calculation of damages on or before noon on February 2, 2018. If the parties cannot agree, they shall file separate reports on the same explaining their respective proposed calculation by noon on February 2, 2018. The Court will award Plaintiffs reasonable attorneys fees pursuant to 29 U.S.C. § 216(b). Plaintiffs shall file their motion requesting attorneys fees within thirty days of entry of the final Judgment in this case.Signed by Magistrate Judge C Clifford Shirley, Jr on January 29, 2018. (RLK)
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Filing
374
ORDER; Plaintiffs' Motion to Compel 287 is hereby WITHDRAWN; Defendants' Motion to Strike 316 is GRANTED IN PART AND DENIED IN PART; Defendants' Motion in Limine No. 1 to Exclude Expert Report and Testimony of Dr. Dwight Steward 322 is DENIED AS MOOT; Defendants' Motion in Limine No. 2 to Exclude Testimony of Lisa Brown, Robert Bryant West, Ed Langston, and Jeremy Saine 324 is GRANTED IN PART AND DENIED IN PART. Accordingly, per the Plaintiffs r epresentation to the Court, the consent forms of Lisa Brown, Robert West, and Ed Langston are hereby STRICKEN; Defendants' Motion in Limine No. 3 to Exclude Evidence Relating to Time-Barred Claims 327 is GRANTED; Defendants' Motion in Limine No. 4 to Exclude Testimony of Michael Pierce, Sr., Thomas Garrett, James Shannon Abbott, Twila Higgins, Bryan Tesh, Jeff Cross, Richard Rang, and Brett Williamson 330 is DENIED; Defendants' Motion in Limine No. 5 Precluding Plaintiffs from Proceeding with the Collective Action and From Offering Representative Testimony 332 is DENIED AS MOOT; Plaintiffs' Motion to Compel Defendants Supplementation of Responses to Plaintiffs Requests for Production of Documents 352 is GRANTED; and Plaintiffs' Unopposed Motion to Supplemental Witness Lists 359 is GRANTED. Signed by Magistrate Judge C. Clifford Shirley, Jr. on 10/13/17. (ADA)
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Filing
367
MEMORANDUM AND ORDER denying 236 Motion for Summary Judgment as to Certain Highly Compensated Employees. Signed by Magistrate Judge C Clifford Shirley, Jr on 10/6/17. (ABF)
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Filing
362
MEMORANDUM AND ORDER for the reasons herein, the Defendants Motion to Decertify the Conditionally Certified Collective Action Doc. 279 is DENIED. This action shall proceed on October 10, 2017, as a collective action. Signed by Magistrate Judge C Clifford Shirley, Jr on October 3, 2017. (JAN, )
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Filing
147
MEMORANDUM AND ORDER; at a hearing on September 15, 2015, the Court found that this case has been pending for almost two years and found that further delays in discovery are both undesirable and inappropriate, accordingly, the Moti on to Stay Discovery 133 is DENIED. After announcing its ruling, the Court conducted a conference to address the status of discovery in this case and to identify targeted discovery that could aid this case in moving toward disposition. The parties reached agreements as to discovery/depositions that are ORDERED as set forth. Signed by Magistrate Judge C Clifford Shirley, Jr on 9/25/15. (ADA)
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Filing
115
MEMORANDUM AND ORDER: Wyndhams Motion to Adopt Defendants Version of theNotice to the Class and to Include Opt-In Survey with the Court-Supervised Notice to Opt-In Plaintiffs 90 is GRANTED IN PART and DENIED IN PART, and the parti es competing proposals for the notice of suit and opt-in form [Doc. 85-1; Doc. 89-1] are ACCEPTED IN PART and REJECTED IN PART to the extent stated above.Plaintiffs counsel SHALL MODIFY its proposed notice and opt-in form in a mannerconsistent with t he rulings herein and file a copy of the same in the record, simply for the Court and opposing counsels edification, within seven (7) days of the entry of this Memorandum and Order. Plaintiffs counsel SHALL MAIL the notice and opt-in forms to potential plaintiffs as soon as practicable but no later than thirty (30) days following entry of this Memorandum and Order. Signed by Magistrate Judge C Clifford Shirley, Jr on 2/11/15. (ABF)
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Filing
110
MEMORANDUM AND ORDER: Motion to Ascertain Status on the Court's Ruling Related to Court-Supervised Notice and Opt-In Plaintiff Consent Form 109 is GRANTED. The Motion for Leave to File Surreply 99 is GRANTED and the Motion to Strike Defendants' Supplemental Brief 102 is DENIED. Signed by Magistrate Judge C Clifford Shirley, Jr on 12/4/14. (JBR)
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Filing
98
MEMORANDUM AND ORDER. The Court finds that the relief requested in the Plaintiffs' Motion to Compel [Doc. 27 ] is not well-taken, and it is DENIED. The Court further finds that the Defendants' Motion for Protective Order [Doc. 34 ] is not supported by good cause at this time, and accordingly, it is DENIED WITHOUT PREJUDICE. Signed by Magistrate Judge C Clifford Shirley, Jr on 9/23/14. (JBR)
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Filing
86
ORDER TO SHOW CAUSE. To date, Mr. Anthony has failed to register as a CM/ECF user. Attorney William J. Anthony is ORDERED TO SHOW CAUSE, on or before September 5, 2014, as to why he should not be immediately removed as an attorney o f record in this case and why other appropriate sanctions should not issue. The Clerk of Court is DIRECTED to mail a copy of this Order to Show Cause to Mr. Anthony at the address he previously provided to the Court. Show Cause Response due by 9/5/2014. Signed by Magistrate Judge C Clifford Shirley, Jr on 8/25/14. (copy mailed to William J. Anthony) (JBR)
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Filing
84
MEMORANDUM AND ORDER. It is Ordered, for the reasons stated in the Report and Recommendation, which the Court adopts and incorporates into this ruling, that the Plaintiff's motion, [Doc. 33], is Granted. Signed by District Judge Pamela L Reeves on 8/21/14. (JBR) (c/m) Modified text on 8/21/2014 (JBR).
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Filing
81
MEMORANDUM AND ORDER re 27 and 34 . Counsel for the Defendants is ORDERED to contact Ms. Kathy Keeton, Chief Deputy Clerk to the Clerk of Court for the Eastern District of Tennessee, to make arrangements to either physically or e lectronically deliver the sound recordings to the Clerk of Courts office under seal. The recordings SHALL be delivered to the Clerk of Court on or before August 1, 2014. Signed by Magistrate Judge C Clifford Shirley, Jr on 7/11/14. (JBR) Modified to reflect copy mailed to William J Anthony on 7/11/2014 (JBR).
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Filing
46
MEMORANDUM AND ORDER granting 40 Motion to Modify and Supplement the Court's January 31, 2014 Order with Tolling Language. The Courts previous Memorandum and Order 38 is MODIFIED, to incorporate verbatim the following: Base d upon the agreement of the parties, the statute of limitations for FLSA claims asserted by any putative class member, who has not filed a Plaintiff Consent Form with the Court, is tolled from January 31, 2014, to March 17, 2014.Signed by Magistrate Judge C Clifford Shirley, Jr on 02/28/2014. (KAW)
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