Kershaw, Cutter & Ratinoff's Bill Kershaw and Lyle Cook successfully oppose Fremont Rideout's Summary Judgement Motions Resulting in the Court's Denial of those Motions

July 6, 2010

In mid 2009, Fremont Rideout Health Group (FRHG) filed what are known as "Summary Judgment Motions" against the three named plaintiffs (David Cooke, Glenn Green and Angela Alford). Essentially, FRHG asked the Court to find that the plaintiffs’ case had no merit. Although you may have heard rumors to the contrary, FRHG did not succeed. On December 24, 2009, the Court denied FRHG’s motions as to four of the five legal claims. While the motions were initially granted on procedural grounds with regard to one of plaintiffs’ claims - the claim for missed third rest breaks - as discussed further below, the Court has now reconsidered its decision and vacated that portion of its December 24th order.

Specifically, on June 21, 2010, the lawyers for both sides appeared before Judge Curry to discuss two matters. The first was our request that the Court vacate its earlier decision dismissing the three named plaintiffs’ third rest break claims, and the second was our request that the case be designated as a class action. Here is a summary of what Judge Curry told us at the hearing: (1) he reconsidered his December 24th order and vacated the portion dismissing plaintiffs’ third rest break claim; this legal claim will now be re-briefed and decided on its merits; (2) because of this, the class certification hearing was continued to a later date; (3) Judge Curry will be retiring from the bench effective July 9, 2010; and (4) we will be assigned to a new judge on July 19, 2010.

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