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OTTAVIANO v. HOME DEPOT, INC., USA

Civil Action No. 1:09-cv-05125.

701 F.Supp.2d 1005 (2010)

Gary OTTAVIANO, Cruz Plaza, and Jenny Macias, individually and on behalf of all others similarly situated, Plaintiffs, v. HOME DEPOT, INC., USA, Defendant.

United States District Court, N.D. Illinois, Eastern Division.

March 23, 2010.

Attorney(s) appearing for the Case

Caitlin Duffy, Lee Squitieri, Squitieri & Fearon, LLP, New York, NY, Kenneth A. Wexler, Mark Richard Miller, Wexler Wallace LLP, Chicago, IL, for Plaintiffs.

Hans U. Stucki, Epstein, Becker & Green P.C., Chicago, IL, Jason A. Schmidt, Joel M. Cohn, Joshua Waxman, Kelly A. Smith, William F. Allen, Akin Gump Struss Hauer & Field, LLP, Washington, DC, for Defendant.

MEMORANDUM OPINION AND ORDER

ROBERT M. DOW, Jr., District Judge.

This matter is before the Court on Defendant Home Depot's Motion to Dismiss or Alternatively for Partial Summary Judgment [10]. Plaintiffs Gary Ottaviano, Cruz Plaza, and Jenny Macias, on behalf of themselves individually and on behalf of others similarly situated, allege that while employed by Home Depot, they were deliberately misclassified as "exempt" employees for the purpose of state overtime...

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