Free Status Report - District Court of Delaware - Delaware

Case 1 :04-cv-01534-KAJ Document 20 Filed 06/01/2005 Page 1 of 3
IN THE UNITED STATES DISTRICT COURT
IN AND FOR THE DISTRICT OF DELAWARE
MARTIN DURANT, :
Plaintiff C.A. NO. 04~l534 (KAJ)
: J URY TRIAL DEMANDED
PERFECT CARE NURSES, INC., :
Defendant.
INTERIM STATUS REPORT
This lst day of June, 2005, the parties having satisfied their obligations under Fed.
R. Civ. P- 26(f) in preparation for a pretrial scheduling conference pursuant to Fed. R. Civ. P. 16
and D. Del. LR I6.2(a) and (b), and per the Scheduling Order issued on March 8, 2005, Plaintiff
Martin Durant, by and through the undersigned counsel, hereby submits his Interim Status
Report:
1. Jurisdiction and Service. The Court has subject matter jurisdiction, all
parties are subject to the Court’s jurisdiction and no party remains to be served.
2. Substance of the Action. Plaintiff, Martin Durant, a former employee
of Perfect Care Nurses, Inc., filed this action in the United States District Court in and for the
District of Delaware on December 20, 2004. On January 10, 2005, Defendant filed its Answer to
the Complaint. Plaintiff s action is for past wages owed in the nature of unpaid overtime pay, as
well as other damages and remedies. Plaintiff alleges that Defendant violated and continues to
violate the Fair Labor Standards Act ("FLSA"), 29 U.S.C. §§ 201 g gl., as well as the
applicable United States Department of Labor Regulations, including 29 C..F.R. § 541.103 g sgi.
and the Delaware Wage Payment and Collection Act, Chapter 1.1, Title 19 of the Delaware Code
pursuant to 19 Del. C. § 1 113(a). The basis ofthe action is that Defendant misclassiiied Plaintiff

Case 1:04-cv-01534-KAJ

Document 20

Filed 06/01/2005

Page 1 of 3

Case 1:04-cv-01534-KAJ

Document 20

Filed 06/01/2005

Page 2 of 3

Case 1:04-cv-01534-KAJ

Document 20

Filed 06/01/2005

Page 3 of 3