Opinion
19 CV 1441
12-13-2022
Rosemarie C. Wiseman Plaintiff v. Santiva, Inc., d/b/a “Better Taste” and/or TASTEFULLY BETTER And/or POP BOX U.S. and/or - SANTIVA INTERNATIONAL Raymond Scott Henning as an Individual and An Employer Pursuant to the FLSA, IWPCA and IMWL Defendants
Cristobal Garcia Amy Giacomucci Sandy Noonan Joel Bosso Douglas Holmes Austin Sullivan Sabrina Scott Melissa Ortega
Cristobal Garcia
Amy Giacomucci
Sandy Noonan
Joel Bosso
Douglas Holmes
Austin Sullivan
Sabrina Scott
Melissa Ortega
JURY TRIAL DEMANDED
SUSAN E. COX, MAGISTRATE JUDGE
PLAINTIFF'S MOTION FOR ENTRY OF JUDGMENT AND FULL RELIEF AGAINST DEFENDANTS RAYMOND SCOTT HENNING, SANTIVA INTERNATIONAL, POP BOX U.S. AND SANTIVA INC., D/B/A BETTER TASTE
PLAINTIFF'S MOTION EXHIBIT 1
JURY VERDICT FOR PLAINTIFF 1
Verdict Form-Plaintiff Rosemarie Wiseman's Claim for Overtime Wages
1. Do you find that Plaintiff Rosemarie Wiseman has proven by a preponderance of the evidence that Defendants failed to pay her overtime wages in violation of the FLSA?
X Yes
__ No
If the Answer is Yes, you must proceed to Question 2. If the Answer is No, you need not answer any more questions on this Form.
2. Do you find that Defendants' failure to pay. overtime wages to Plaintiff Rosemarie Wiseman was willful; that is that Defendants knew that their conduct was prohibited by the FLSA, or that they showed reckless disregard for whether the FLSA prohibited their conduct?
FILED
X Yes
__ No
If the Answer to Question 2 is Yes, please calculate the amount of overtime hours that you find Plaintiff Rosemarie Wiseman worked during the three years beginning on February 28, 2016 and ending on February 28, 2019.
Amount of Overtime Hours from February 28, 2016 through March 30, 2017: 480
Amount of Overtime Hours from March 31, 2017 through January 12, 2018: 200
If the Answer to Question 2 is No, please calculate the amount of unpaid overtime hours that you find Plaintiff Rosemarie Wiseman worked during the two years beginning on February 28, 2017 until February 28, 2019.
Amount of Overtime Hours from February 28, 2017 through March 30, 2017: __
Amount of Overtime Hours from March 31, 2017 through January 12, 2018: __
Each juror must sign below if his or her findings and verdict is accurately reflected above. 2
Verdict Form-Plaintiff Rosemarie Wiseman's Claim for Unpaid Vacation Pay under the IWCPA
1. Do you find that Plaintiff Rosemarie Wiseman has proven by a preponderance of the evidence that Defendants failed to pay her final compensation in the form of the monetary equivalent of earned vacation owed in violation of the IWCPA?
X Yes
__ No
If the Answer is Yes, you must proceed to Question 2. If the Answer is No, you need not answer any more questions on this Form.
2. Please calculate the number of unpaid vacation hours under the IWPCA that Plaintiff Rosemarie Wiseman should have received from Defendants.
Amount of Hours 3