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SLUKA v. LANDAU UNIFORMS

United States District Court, D. New Jersey


August 15, 2005.

CARL SLUKA, Plaintiff,
v.
LANDAU UNIFORMS, INC., and John Does 1-50, inclusive, fictitiously named defendants, jointly, severally and in the alternative, Defendants.

The opinion of the court was delivered by: JOSEPH IRENAS, District Judge

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT'S MOTION FOR SUMMARY JUDGEMENT AND GRANTING IN ITS ENTIRETY PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGEMENT (Docket Entry Nos. 20 & 21)
This matter having come before the Court, upon the Motion for Summary Judgement by Defendant Landau Uniforms, Inc., and the Motion for Partial Summary Judgement by Plaintiff Carl Sluka, the Court having reviewed the submissions of the parties, for the reasons set forth in an Opinion issued by this Court, which findings of facts and conclusions of law are incorporated herein by reference, and for good cause appearing,

ORDERED THAT:

1. Defendant's Motion for Summary Judgment is hereby GRANTED IN PART AND DENIED IN PART;
2. Plaintiff's Motion for Partial Summary Judgment is hereby GRANTED;
3. Summary Judgment in favor of Plaintiff as to Count I is hereby GRANTED; the parties have thirty days to reach an agreement as to the specific amount of damages due; if no such agreement can be reached, the parties are directed to notify the Court;
4. Count II is hereby DISMISSED AS MOOT;
5. Summary Judgment in favor of Defendant as to Count III is hereby GRANTED;
6. Summary Judgment as to Count IV is hereby DENIED, and is the sole Count remaining for trial;
7. Summary Judgment in favor of Plaintiff as to Count V is hereby GRANTED; a statutory penalty is awarded to Plaintiff in the amount of twenty dollars per day for the 415 days, from October 21, 2003, until December 10, 2004, Defendant was in violation of its COBRA requirements; Plaintiff's request for associated attorney's fees and costs is hereby GRANTED, but the determination of the amount due will be deferred until trial.
20050815

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