15 Cited authorities

  1. Beattie v. Madison County School Dist

    254 F.3d 595 (5th Cir. 2001)   Cited 369 times
    Holding that a nonmovant was not diligent, when she had waited "several months" to depose key witnesses
  2. Kelly v. Syria Shell Petroleum Development

    213 F.3d 841 (5th Cir. 2000)   Cited 360 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
  3. Hopkins v. Cornerstone Am.

    545 F.3d 338 (5th Cir. 2008)   Cited 201 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
  4. 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"
  5. 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
  6. 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
  7. 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
  8. 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

  9. 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

  10. 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

  11. Rule 26 - Duty to Disclose; General Provisions Governing Discovery

    Fed. R. Civ. P. 26   Cited 96,490 times   665 Legal Analyses
    Adopting Fed.R.Civ.P. 37
  12. Rule 1 - Scope and Purpose

    Fed. R. Civ. P. 1   Cited 15,238 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"
  13. Rule 42 - Consolidation; Separate Trials

    Fed. R. Civ. P. 42   Cited 9,332 times   24 Legal Analyses
    Granting court's authority to consolidate related cases or "issue any other orders to avoid unnecessary cost or delay."
  14. Section 206 - Minimum wage

    29 U.S.C. § 206   Cited 8,884 times   100 Legal Analyses
    Asking only whether the alleged inequality resulted from “any other factor other than sex”