Opinion
Case No: 2:19-cv-207-FtM-32MRM
05-12-2020
JOANNE APRILE, Plaintiff, v. J. MCGARVEY CONSTRUCTION COMPANY, INC. and JOHN S. MCGARVEY, Individually, Defendants.
ORDER
In this Fair Labor Standards Act (FLSA) case, Plaintiff Joanne Aprile claims she is owed overtime compensation for hours worked during her employment as a Project Manager with Defendant McGarvey Construction Company, Inc., a custom home builder owned by Defendant John S. McGarvey. Both parties move for summary judgment (Docs. 34, 35) claiming that the only matter in dispute is whether the FLSA's executive exemption applies. That is, whether Plaintiff, a salaried employee, was properly classified as an executive professional employee exempt from the overtime provisions of the FLSA. The Court can only enter summary judgment "if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law." Fed. R. Civ. P. 56(a).
Upon review, the Court finds there is a genuine dispute of material fact regarding whether the executive exemption to the FLSA overtime compensation requirements applies. Although Defendants contend Aprile's primary duties were managerial and has produced some evidence in support of its position, Aprile has produced evidence that her primary duties were not management. This genuine dispute of material fact as to whether Aprile performed on balance more management functions than not precludes summary judgment on this issue. See Warner v. Walgreen Co., No. 9:14-CV-81176, 2015 WL 2341937 (S.D. Fla. May 14, 2015); Morgan v. Family Dollar Stores, Inc., 551 F.3d 1233 (11th Cir. 2008). Because "the [court's] function is not . . . to weigh the evidence," Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 249 (1986), the Court cannot enter summary judgment for either side.
Accordingly, it is hereby ORDERED:
1. Plaintiff's Motion for Summary Judgment (Doc. 34) is DENIED.
2. Defendants' Motion for Summary Judgment (Doc. 35) is DENIED.
3. If the parties are interested in engaging in a settlement conference with the Magistrate Judge, they should file a motion no later than May 20, 2020.
4. This case remains set for a final pretrial conference on June 19, 2020 at 9:30 a.m. and trial on the July 1, 2020 trial term. See Docs. 23, 28. The deadline for filing the parties' final pretrial statement and any further motions in limine is sua sponte extended until June 15, 2020,
DONE AND ORDERED in Jacksonville, Florida the 12th day of May, 2020.
/s/_________
TIMOTHY J. CORRIGAN
United States District Judge Copies to: Counsel of Record