Berry v. Drive Casa, LLC

Full title: CRITTENDEN BERRY, Plaintiff, v. DRIVE CASA, LLC, et al., Defendants.

Court: United States District Court, Northern District of Texas

Date published: Mar 1, 2022


In this action seeking unpaid overtime pay under the Fair Labor Standards Act of 1938 (“FLSA”), 29 U.S.C. § 201 et seq., plaintiff Crittenden Berry (“Berry”) moves for summary judgment on defendants’ exemption-based affirmative defenses and his entitlement to liquidated damages. Defendants move for summary judgment on their administrative exemption affirmative defense. The court recognizes that, because no jury demand was timely made, this case will be tried in a bench trial. In a nonjury context, the judge has wider authority to enter summary judgment because he is the ultimate trier of fact. See In re Placid Oil Co., 932 F.2d 394, 397-98 (5th Cir. 1991). The judge may weigh the evidence and draw inferences at the summary judgment stage unless those inferences involve issues of witness credibility or disputed material fact. Id. Nevertheless, for the reasons that follow, the court concludes that summary judgment should largely be denied. It therefore grants in part and denies in part Berry’s motion and denies the defendants’ motion. 



Accordingly, for the reasons explained, the court grants in part and denies in part Berry’s motion for summary judgment, denies the defendants’ motion for summary judgment, and denies Berry’s motion for leave to file a reply.


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