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O'Brien v. Ed Donnelly Enters., Inc., No. 07-4553

By FindLaw Staff on August 05, 2009 | Last updated on March 21, 2019

In an action seeking unpaid wages under the Fair Labor Standards Act, judgment pursuant to defendants' Fed. R. Civ. P. 68 offer of judgment is affirmed where an offer of judgment that satisfies a plaintiff's entire demand moots the case.  Moreover, an order decertifying the proposed plaintiff class is affirmed where the alleged unlawful practices -- making employees work off the clock and altering the time-sheets -- were not alleged by all of the plaintiffs.  However, the denial of plaintiffs' motion for sanctions based on spoliation of evidence is reversed where the district court needed to determine whether it was reasonably foreseeable that certain missing reports would be needed in future litigation.

Read O'Brien v. Ed Donnelly Enters., Inc., No. 07-4553

Appellate Information

Argued: December 2, 2008

Decided and Filed: August 5, 2009


Opinion by Judge Tarnow


For Appellants:

Lisa A. Wafer, Ferron & Associates, Columbus, OH

John W. Ferron, Ferron & Associates, Columbus, OH

For Appellees:

Loriann E. Fuhrer, Kegler, Brown, Hill & Ritter, Columbus, OH

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