Family Dollar Mounts Vigorous Defense
Originally published May 7, 2009
In another chapter in the hotly-contested multidistrict litigation involving FLSA claims against the discount retailer, Family Dollar has won a battle and continues to press the plaintiffs to comply with procedural rules. Since "class" members have to file written consents to join in federal wage-hour suits, they are subject to discovery requirements, including answering interrogatories. When a number of the consenters failed to provide responsive, signed responses, Family Dollar asked the court for help, and got it: For the ruling by Judge Graham Mullen of the US District Court for the Western District of North Carolina, see http://www.wcsr.com/resources/pdfs/flsa_blog042909.pdf.
Now the employer has filed motions to dismiss noncomplying plaintiffs' claims. Watch these pages for further developments.
Update (7/13/09): Order
Update (6/22/09): Docket and New Filing
Update (6/12/09): Judge Mullen denied the motion to dismiss
Update (6/5/09): The Court on Defendant's Motion to Dismiss
Update (5/14/09): "Judge says plaintiffs' attorneys are spiteful."
In another chapter in the hotly-contested multidistrict litigation involving FLSA claims against the discount retailer, Family Dollar has won a battle and continues to press the plaintiffs to comply with procedural rules. Since "class" members have to file written consents to join in federal wage-hour suits, they are subject to discovery requirements, including answering interrogatories. When a number of the consenters failed to provide responsive, signed responses, Family Dollar asked the court for help, and got it: For the ruling by Judge Graham Mullen of the US District Court for the Western District of North Carolina, see http://www.wcsr.com/resources/pdfs/flsa_blog042909.pdf.
Now the employer has filed motions to dismiss noncomplying plaintiffs' claims. Watch these pages for further developments.
Update (7/13/09): Order
Update (6/22/09): Docket and New Filing
Update (6/12/09): Judge Mullen denied the motion to dismiss
Update (6/5/09): The Court on Defendant's Motion to Dismiss
Update (5/14/09): "Judge says plaintiffs' attorneys are spiteful."
1 Comments:
Sweet. I assume each plaintiff gets to serve their own unique set of discovery on the employer. Sauce for the goose is sauce for the gander.
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