Monday, July 13, 2009, 11:10 AM

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."

1 Comments:

Blogger rex said...

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.

May 8, 2009 at 3:15 PM  

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