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

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

Document 329

Filed 01/26/2006

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UNITED STATES DISTRICT COURT DISTRICT OF COLORADO

Case No. 03-MK-2485 (PAC) Camille Melonakis-Kurz, individually and on behalf of other similarly situated employees, Plaintiff, v. Heartland Home Finance, Inc., Defendant.

NOTICE OF MOTION AND MOTION FOR SUMMARY JUDGMENT ON LIABILITY ______________________________________________________________________________ To: The above-named Defendant and its attorneys of record, Mr. David J. Carr and Mr. Steve Pockrass, Ice Miller, 3400 One America Square, Indianapolis, IN 46282 NOTICE OF MOTION PLEASE TAKE NOTICE that the undersigned hereby brings the motion contained herein for hearing before the Honorable Judge Marcia S. Krieger. MOTION Plaintiffs, by and through their attorneys, hereby bring a motion for summary judgment, consistent with Rule 56(c) of the Federal Rules of Civil Procedure. Plaintiffs are requesting that the Court grant their motion with respect to the following issues: a. Plaintiffs are not subject to the administrative exemption and are therefore eligible for overtime compensation;

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

Document 329

Filed 01/26/2006

Page 2 of 2

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: 01/26/06

NICHOLS KASTER & ANDERSON, PLLP

s/Michele R. Fisher Donald H. Nichols, MN Bar No. 78918 Paul J. Lukas, MN Bar No. 22084X Michele R. Fisher, MN Bar No. 303069 Jill M. Novak, MN Bar No. 343456 4600 IDS Center 80 South 8th Street Minneapolis, MN 55402 Telephone (612) 256-3200 Fax (612) 215-6870 ATTORNEYS FOR PLAINTIFFS

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