15 Cited authorities

Beattie v. Madison County School Dist
254 F.3d 595 (5th Cir. 2001) Cited 375 times
Holding that a nonmovant was not diligent, when she had waited "several months" to depose key witnesses
Kelly v. Syria Shell Petroleum Development
213 F.3d 841 (5th Cir. 2000) Cited 363 times
Holding district court did not abuse its discretion to deny jurisdictional discovery on alter ego theory in light of three declarations submitted by defendants controverting same
Hopkins v. Cornerstone Am.
545 F.3d 338 (5th Cir. 2008) Cited 203 times 5 Legal Analyses
Holding that a plaintiff who had pled independent-contractor status in another suit was not estopped from suing his employer as an employee
Maynor v. Dow Chemical Company
CIVIL ACTION NO. G-07-0504 (S.D. Tex. May. 28, 2008) Cited 54 times
Granting conditional certification in off-the-clock suit, and noting that "[t]he extent to which individualized inquiries will undermine the efficiencies of collective treatment depends heavily on the number of employees who opt in"
Richardson v. Henry
902 F.2d 414 (5th Cir. 1990) Cited 72 times
Holding that the failure of an appellant to provide a trial transcript is grounds for dismissal of the appeal notwithstanding inability to pay for it
Moreau v. Klevenhagen
956 F.2d 516 (5th Cir. 1992) Cited 22 times
Holding that longevity payments constituted "gifts" to employees and need not be included in the regular rate where the longevity payments were not required under a city ordinance or collective bargaining agreement
Luna v. Del Monte Fresh Produce (Southeast), Inc.
CIVIL ACTION NO. 1:06-CV-2000-JEC (N.D. Ga. Mar. 18, 2008) Cited 5 times
Finding the defendants' Rule 68 offers invalid under Lynn's Food because the offers cannot receive judicial review
Vondriska v. Cugno
Case No. 8:07-cv-1322-T-24-TGW (M.D. Fla. Aug. 17, 2010) Cited 2 times
Case No. 8:07-cv-1322-T-24-TGW. August 17, 2010 ORDER SUSAN BUCKLEW, District Judge This cause comes before the Court on Defendant Paychex Business Solutions, Inc.'s ("Paychex") Motion to Bifurcate and for a Separate Trial on the Threshold Issue of whether PBS was Plaintiffs' employer as defined by the Fair Labor Standards Act ("FLSA"). (Dkt. 203.) Plaintiffs filed a Memorandum of Law in Opposition to the motion. (Dkt. 204.) PBS filed a reply. (Dkt. 207.) I. Background Plaintiff Deana Vondriska filed
Reyes v. Texas Ezpawn, L.P.
CIVIL ACTION NO. V-03-128 (S.D. Tex. Oct. 24, 2007) Cited 4 times
CIVIL ACTION NO. V-03-128. October 24, 2007 MEMORANDUM OPINION JOHN RAINEY, District Judge Pending before the Court is Defendant, Texas EzPawn, L.P.'s ("EzPawn"), Motion to Open and Close (Dkt. #215). After considering the motion, response and applicable law, the Court is of the opinion that the motion should be GRANTED. Discussion Plaintiff, Erasmo Reyes ("Reyes") brought this action against EzPawn alleging that it violated the Fair Labor Standards Act, 29 U.S.C. § 201, et seq. ("FLSA") by failing
Niland v. Buffalo Laborers Welfare Fund
04-CV-0187F (W.D.N.Y. Oct. 17, 2007) Cited 3 times
04-CV-0187F. October 17, 2007 SANDERS SANDERS, Attorneys for Plaintiffs, HARVEY P. SANDERS, of Counsel, Cheektowaga, New York. PROSKAUER ROSE LLP, Attorneys for Defendants Buffalo Laborers Welfare Fund and Thomas L. Panek, LLOYD B. CHIN, of Counsel, New York, New York. HARRIS BEACH LLP, Attorneys for Defendant Buffalo Laborers Local 210, DANIEL J. MOORE, of Counsel, Pittsford, New York. DECISION and ORDER LESLIE FOSCHIO, Magistrate Judge JURISDICTION On July 19, 2004, the parties to this action consented
Rule 26 - Duty to Disclose; General Provisions Governing Discovery
Fed. R. Civ. P. 26 Cited 97,825 times 674 Legal Analyses
Adopting Fed.R.Civ.P. 37
Rule 1 - Scope and Purpose
Fed. R. Civ. P. 1 Cited 15,441 times 49 Legal Analyses
Recognizing the federal rules of civil procedure should be employed to promote the "just, speedy, and inexpensive determination of every action and proceeding"
Rule 42 - Consolidation; Separate Trials
Fed. R. Civ. P. 42 Cited 9,422 times 24 Legal Analyses
Granting court's authority to consolidate related cases or "issue any other orders to avoid unnecessary cost or delay."
Section 206 - Minimum wage
29 U.S.C. § 206 Cited 8,956 times 101 Legal Analyses
Asking only whether the alleged inequality resulted from “any other factor other than sex”

Gate Guard Services, L.P. v. Thomas E. Perez, Secretary of Labor, United States of Department of Labor

15 Cited authorities

Holding that a nonmovant was not diligent, when she had waited "several months" to depose key witnesses

Holding district court did not abuse its discretion to deny jurisdictional discovery on alter ego theory in light of three declarations submitted by defendants controverting same

Holding that a plaintiff who had pled independent-contractor status in another suit was not estopped from suing his employer as an employee

Granting conditional certification in off-the-clock suit, and noting that "[t]he extent to which individualized inquiries will undermine the efficiencies of collective treatment depends heavily on the number of employees who opt in"

Holding that the failure of an appellant to provide a trial transcript is grounds for dismissal of the appeal notwithstanding inability to pay for it

Holding that longevity payments constituted "gifts" to employees and need not be included in the regular rate where the longevity payments were not required under a city ordinance or collective bargaining agreement

Finding the defendants' Rule 68 offers invalid under Lynn's Food because the offers cannot receive judicial review

Adopting Fed.R.Civ.P. 37

Recognizing the federal rules of civil procedure should be employed to promote the "just, speedy, and inexpensive determination of every action and proceeding"

Granting court's authority to consolidate related cases or "issue any other orders to avoid unnecessary cost or delay."

Asking only whether the alleged inequality resulted from “any other factor other than sex”