Legal Opinion
Smith v. United Parcel Service, Inc.
District Court, S.D. West Virginia
Decided October 16, 1995No. Civ. A. 2:95-0145PublishedCited by 16 opinions
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
HADEN, Chief Judge.
Pending is Plaintiffs’ motion to amend their complaint. For the reasons set forth below, the Court DENIES Plaintiffs’ motion.
I. FACTUAL DEVELOPMENT
On January 26, 1995 Plaintiffs filed a one-count complaint against Defendant in the Circuit Court of Kanawha County, West Virginia. Plaintiffs alleged entitlement to overtime pay pursuant to both the Fair Labor Standards Act and the West Virginia Minimum Wage and Maximum Hours Standards Act for Employees. On February 24, 1995 Defendant removed the action to this Court. On May 1,1995 the Court entered a…
2Cases cited16 opinions
- Vaca v. SipesSupreme Court of the United States · 1967
- Dairl Johnson Claudine Johnson v. Mammoth Recreations, Inc.Court of Appeals for the Ninth Circuit · 1992
- DelCostello v. International Brotherhood of TeamstersSupreme Court of the United States · 1983
- Republic Steel Corp. v. MaddoxSupreme Court of the United States · 1965
- Johnson v. Oroweat Foods Co.Court of Appeals for the Fourth Circuit · 1986
11 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Dilmar Oil Co., Inc. v. Federated Mut. Ins. Co.District Court, D. South Carolina · 1997
- West Virginia Housing Development Fund v. Ocwen Technology Xchange, Inc.District Court, S.D. West Virginia · 2001
- Burton v. United StatesDistrict Court, S.D. West Virginia · 2001
- Holland v. Cardiff Coal Co.District Court, S.D. West Virginia · 1997
- Stewart v. Coyne Textile ServicesDistrict Court, S.D. West Virginia · 2003
11 more not listed; retrieve them via the Exa API.