NELLIS v. G.R. HERBERGER REVOCABLE TRUST

No. CV-03-0709-PHX-NVW.

360 F.Supp.2d 1033 (2005)

Melanie NELLIS; Ronald Ford, Plaintiffs, v. G.R. HERBERGER REVOCABLE TRUST, Defendant.

United States District Court, D. Arizona.

February 22, 2005.


Attorney(s) appearing for the Case

Charles Anthony Shaw, Law Offices of Charles Anthony Shaw, Prescott, AZ, for Plaintiffs.

John J. Balitis, Jr., Julia Sibert Acken, Fennemore Craig PC, Phoenix, AZ, for Defendant.


ORDER

WAKE, District Judge.

The parties' cross-motions for summary judgment pose the question whether Plaintiff Melanie Nellis, a licensed practical nurse, is entitled to overtime pay under § 207(a)(1), 29 U.S.C. § 207(a)(1), of the Fair Labor Standards Act, 29 U.S.C. §§ 201, et seq. ("FLSA"), for caring for Katherine Herberger, a beneficiary of Defendant G.R. Herberger Revocable Trust. There is no genuine dispute as to the

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