Opinion
Civil Action H-20-3915
09-15-2022
DALE VAUGN v. WINGO SERVICE COMPANY, INC.
ORDER ADOPTING MEMORANDUM AND RECOMMENDATION
ANDREW S. HANEN, UNITED STATES DISTRICT JUDGE
Pending before the Court in the above referenced proceeding is Plaintiffs Motion for Partial Summary Judgment (Doc. No. 13); Defendant's Response in Opposition (Doc. No. 14); Plaintiffs Reply (Doc. No. 16) and Judge Sheldon's Memorandum and Recommendation that the Court grant the Motion Partial for Summary Judgment (Doc. No. 25) as to Defendant's exemption defense. Neither party filed objections to the Memorandum and Recommendation and the time for doing so has passed.
Upon review, the Court agrees with the Magistrate Judge's conclusion that Defendant did not meet its burden of proof that Plaintiff is exempted from the requirements of the FSLA. Accordingly, it is hereby
ORDERED that the Memorandum and Recommendation (Doc. No. 25) is ADOPTED. Plaintiffs Motion for Partial Summary Judgment (Doc. No. 13) is GRANTED.