Friday, May 29, 2009
Pacer Surfing With SFL!
Hi kids, in a continuing effort to bore me to tears, I have reviewed some recent civil case filings in our dainty little district, and found one that is mildly interesting.
Indeed, the pretrial conference is set before Judge Ungaro at 11:30 this morning. Good luck Bob Ader and Richard Tuschman.
The case is a FLSA denial of overtime compensation case involving drivers of shuttles for students at UM, FIU, and Barry University. Judge Ungaro recently denied Richard's second motion for summary judgment, thus clearing the path to trial (although back in July of 2008 the Court granted an earlier summary judgment motion that disposed of most of the claims).
At issue at the pretrial this morning is plaintiff's motion for clarification, which will affect how large a pool of drivers remain for the trial, for which the calendar call is July 1 (a great time to be having a trial, right?).
The issue is an esoteric one -- which standard did the Court adopt for determining whether the drivers are exempt under the motor carrier exception -- but the briefs on both sides are uniformly excellent.
While we wait for the results (let us know, Richard!), enjoy this polite and civil exchange between Christian Bale and Bill O'Reilly.