Stocks v. Doall Co.

The plaintiffs in this case are employees or former employees of defendant DoAll Company; they allege that DoAll violated federal and state wage and hour laws and seek recovery of unpaid wages. Before me now is defendant's motion for summary judgment seeking dismissal of plaintiff Jessica Midkiff's claim. Defendant argues that Midkiff should be judicially estopped from pursuing her claim against defendant because she failed to timely disclose the existence of the claim in her Chapter 13 bankruptcy proceeding. For the reasons stated below, I will deny defendant's motion.

I. FACTS

The undisputed…