Pierluca et al v. Quality Resources, Inc. et al

Middle District of Florida, flmd-8:2016-cv-01580

ORDER: Plaintiff's Motion for Partial Summary Judgment {{52}} is GRANTED. Pre-Trial Conference remains scheduled on Wednesday, September 13, 2017, with a bench trial on damages to occur in December 2017. If the parties wish to try the issue of damages before the Magistrate Judge, which could result in an earlier trial date, they should complete the Magistrate Consent Form. Signed by Judge James S. Moody, Jr. on 5/22/2017. (LN)

Interested in this case?

Current View

Full Text

PageID 412 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION MARIO PIERLUCA and MARCUS HOLMES, Plaintiffs, v. Case No: 8:16-cv-1580-T-30AEP QUALITY RESOURCES, INC., Defendant. ORDER THIS CAUSE comes before the Court upon Plaintiff's Motion for Partial Summary Judgment (Dkt. #52) and Defendant's Response (Dkt. #58). Defendant's Response acknowledges that summary judgment as to liability only is appropriate due to a "wholly technical, unintentional and good faith non-compliance with the WARN Act." Whether Defendant acted in good faith is an issue for damages, which is not the subject of the pending motion for summary judgment. Accordingly, it is ORDERED AND ADJUDGED that: 1. Plaintiff's Motion for Partial Summary Judgment (Dkt. #52) is GRANTED. 2. Pre-Trial Conference remains scheduled on Wednesday, September 13, 2017, with a bench trial on damages to occur in December 2017. If the parties wish to try the issue of damages before the Magistrate Judge, which could result in an earlier trial date, they should complete the Magistrate Consent Form. PageID 413 DONE and ORDERED in Tampa, Florida, this 22nd day of May, 2017. Copies furnished to: Counsel/Parties of Record 2