BARRUS v. DICK'S SPORTING GOODS, INC.

No. 05-CV-6253 CJS.

732 F.Supp.2d 243 (2010)

Tamara BARRUS, on behalf of herself and others similarly situated, et al., Plaintiffs, v. DICK'S SPORTING GOODS, INC. and Galyan's Trading Company, Inc., et al. Defendants.

United States District Court, W.D. New York.

August 5, 2010.


Attorney(s) appearing for the Case

Patrick Solomon, Esq. , Michael Lingle, Esq. , Thomas & Solomon LLP, Rochester, NY, for the Plaintiffs.

Daniel J. Moore, Esq. , Harris Beach LLP, Pittsford, NY, Matthew W. Lampe, Esq. , Jones Day , New York, NY, for the Defendants.


DECISION AND ORDER

CHARLES J. SIRAGUSA, District Judge.

INTRODUCTION

This Fair Labor Standards Act ("FLSA") matter is before the Court on Defendants' motions (Docket Nos. 255 and 293): to deny certification of state law classes; to strike state law class allegations: and to dismiss preempted state common law claims, ERISA claims, and RICO claims. For the reasons set out below, the motions are granted in part and denied in part.

FACTUAL...

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