Free Motion for Partial Summary Judgment - District Court of Colorado - Colorado

Case 1:03-cv-02485-MSK-PAC

Document 331-31

Filed 01/27/2006

Page 1 of 1

UNITED STATES DISTRICT COURT DISTRICT OF COLORADO

Case No. 03-cv-2485 MSK-PAC Camille Melonakis-Kurz, individually and on behalf of other similarly situated employees, Plaintiffs, v. Heartland Home Finance, Inc., Defendant.

ORDER ______________________________________________________________________________ IT IS HEREBY ORDERED that Plaintiffs' Amended Motion for Summary Judgment on the following issues is GRANTED: a. Plaintiffs are not subject to the administrative exemption and are therefore eligible for overtime compensation; b. Because Defendant willfully violated the law when it failed to pay its loan officers for their overtime hours worked, a three year statute of limitations applies; and c. Because Defendant cannot prove it acted in good faith and that it had reasonable grounds for believing that its actions did not violate the FLSA, full liquidated damages apply.

Dated: _____________

______________________________ Honorable Judge Marcia S. Krieger U.S. District Court Judge