Legal Opinion
Ottaviano v. Home Depot, Inc., USA
District Court, N.D. Illinois
Decided March 23, 2010No. Civil Action 1:09-cv-05125PublishedCited by 17 opinions
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
ROBERT M. DOW, JR., District Judge.
This matter is before the Court on Defendant Home Depot’s Motion to Dismiss or Alternatively for Partial Summary Judgment [10]. Plaintiffs Gary Ottaviano, Cruz Plaza, and Jenny Macias, on behalf of themselves individually and on behalf of others similarly situated, allege that while employed by Home Depot, they were deliberately misclassified as “exempt” employees for the purpose of state overtime laws, both during their time as Assistant Store Managers in training (the “ASM training period”) and during their time as Assistant…
2Cases cited28 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Matsushita Electric Industrial Co., Ltd. v. Zenith Radio CorporationSupreme Court of the United States · 1986
- Auer v. RobbinsSupreme Court of the United States · 1997
- Johnson v. Railway Express Agency, Inc.Supreme Court of the United States · 1975
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3Cited by17 opinions
- Ellis v. J.R.'s Country Stores, Inc.Court of Appeals for the Tenth Circuit · 2015
- Stevens v. Novartis Pharmaceuticals Corp.Montana Supreme Court · 2010
- Bland v. Edward D. Jones & Co.District Court, E.D. Illinois · 2019
- Strait v. Belcan Engineering Group, Inc.District Court, N.D. Illinois · 2012
- Centaur Classic Convertible Arbitrage Fund Ltd. v. Countrywide Financial Corp.District Court, C.D. California · 2011
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