Free Motion for Reconsideration - District Court of Delaware - Delaware

Case 1:04-cv—O0414-SLR Document 123 Filed 08/O1/2008 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT `
IN AND FOR THE DISTRICT OF DELAWARE
WILLIE DAVIS, JR., NATHANIEL BRIDDELL, )
. GEORGE W. FEDDIMAN, JOSEPH GARRISON, ) C. A. NO. 04-04l4—SLR `
LARRY E. GIBBS and ROY H. WALTERS, )
) JURY TRIAL DEMANDED
ALL SIMILARLY-SITUATED CURRENT AND )
- FORMER EMLOYEES OF MOUNTAIRE ) COLLECTIVE ACTION
FARMS, INC., MOUNTAIRE FARMS OF _ )
DELMARVA, INC., and MOUNTAIRE FARMS ) r
. OF DELAWARE, INC., )
)
Plaintiffs, )
)
v. )
-
MOUNTAIRE FARMS, INC., ) - ·
MOUNTAIRE FARMS OF DELMARVA, INC., )
and MOUNTAIRE FARMS OF )
DELAWARE, INC., all Delaware corporations, ) - ·
. A )
Defendants. ) ‘
PLAINTIFFS’ MOTION FOR RECONSIDERATION
Plaintiffs seek reconsideration of the .Court’s Order of July 31, 2008 (D.l. 122) for the `
following reasons:
1. The issue of "willful noncompliance” under the FLSA applies only to the third
year (in this case July 2001 to July 2002). 29 U.S.C. §255(a) (statute attached hereto as Exhibit `
1). The applicability of this evidentiary standard for the year 2001 to 2002 has been
acknowledged by Defendants twice in the Pretrial Order (D.I. 105 at page 6, paragraph 3; and at
page 19, at paragraph G). s
2. The defense has properly acknowledged the standard for the imposition of
I liquidated damages during the two-year limitations period as "good faith? 29 U.S.C. §260

. Case 1:04-cv—O0414-SLR Document 123 Filed 08/O1/2008 Page 2 of 2
_ (statute attached hereto as Exhibit 2) (Pretrial Order D.I. 105 at page 8, paragraph B; and at page
17, under the paragraph entitled "Liquidated Damages"). 4 -
D 3. The July 31, 2008 Order (D.l. 122) is silent with regard to the year from July
_200l to July 2002. There are no issues of fact and Defendant has admitted the cornpensability of
overtime through its Audit Review (Plaintiffs’ Exhibit 2) and the testimony of Phillip Owen.
Both of these documents were submitted to the Court by Plaintiffs on July 30, 2008 (a copy of
the Plaintiffs’ filing D.I. 119 is attached hereto as Exhibit 3).
Plaintiffs respectfully request that the Court acknowledge that the "willful
nonc0mpliance" standard be applied to Defendant’s failure to pay overtime from July 2001 to p p
July 2002 and that the "good faith” standard be applied from July 2002 onward. In- the
alternative, Plaintiffs respectfully request that judgment be entered on behalf of Plaintiffs for the
year July 2001 to July 2002, or that, Plaintiffs be permitted to enter into evidence Plaintiffs’
Exhibit 2 and the testimony of Mr. Owen in order to prove to the jury the willfulness of
Mountaire’s failure to pay overtime during that year. p
MARTIN & ¥V[LSON, ,P.A. ‘
#1
I JEF f ' Y K. MARTIN, ESQUIRE (#2407) I
TIMOTHY J. WILSON, ESQUIRE (#4323)
1508 Pennsylvania Ave I
Wilmington, DE 19806
(302) 777-4681
[email protected]
· [email protected]
. Attorneys for Plafntif
DATED: Q gé •»·.§ri‘ l 5

Case 1:04-cv-00414-SLR

Document 123

Filed 08/01/2008

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Case 1:04-cv-00414-SLR

Document 123

Filed 08/01/2008

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