HATTABAUGH v. TMS INTERNATIONAL, LLC

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA PHILIP HATTABAUGH, ) ) Plaintiff, ) 2:20-CV-00801-CCW ) v. ) ) TMS INTERNATIONAL, LLC., ) ) ) ) Defendant. ) ) ) OPINION Before the Court is a Motion for Summary Judgment, ECF No. 71, filed by Defendant TMS International, LLC (“TMS”). For the following reasons, the Motion will be DENIED. I. Background A. Procedural History Plaintiff Philip Hattabaugh commenced this case as a putative class and collective action,1 ECF No. 1, alleging that TMS failed to pay all overtime wages owed to himself and similarly situated…