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McFeeley v. Jackson Street Entertainment, LLC

United States District Court, D. Maryland

September 15, 2014

LAURA MCFEELEY, ET AL
v.
JACKSON STREET ENTERTAINMENT, LLC, ET AL

Page 261

[Copyrighted Material Omitted]

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[Copyrighted Material Omitted]

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For Laura McFeeley, On Behalf of Herself and All Others Similarly situated also known as Dynasty, Danielle Everett, also known as Jasmine, Plaintiffs: Gregg Cohen Greenberg, LEAD ATTORNEY, The Zipin Law Firm LLC, Silver Spring, MD; John McDonough, LEAD ATTORNEY, The Zipin Law Firm, Silver Spring, MD.

For Jackson Street Entertainment, LLC, doing business as Fuego Exotic Dance Club, doing business as Club Extasy Exotic Dance Club, Risque, LLC, doing business as Fuego Exotic Dance Club, Quantum Entertainment Group, LLC, doing business as Fuego Exotic Dance Club, Nico Enterprises, Inc., doing business as Fuego Exotic Dance Club, XTC Entertainment Group, LLC., doing business as Fuego Exotic Dance Club, Uwa Offiah, Defendants: Michael Lloyd Smith, Smith Graham and Crump LLC, Largo, MD.

For Laura McFeeley, also known as Dynasty, Counter Defendant: Gregg Cohen Greenberg, LEAD ATTORNEY, The Zipin Law Firm LLC, Silver Spring, MD; John McDonough, LEAD ATTORNEY, The Zipin Law Firm, Silver Spring, MD.

For Nico Enterprises, Inc., Risque, LLC, Quantum Entertainment Group, LLC, Uwa Offiah, XTC Entertainment Group, LLC., Jackson Street Entertainment, LLC, Counter Claimants: Michael Lloyd Smith, Smith Graham and Crump LLC, Largo, MD.

Page 264

MEMORANDUM OPINION

DEBORAH K. CHASANOW, United States District Judge.

Presently pending and ready for resolution in this Fair Labor Standards Act collective action are Plaintiffs' motion for partial summary judgment (ECF No. 45), and Defendants' cross motion for partial summary judgment (ECF No. 46). The issues have been briefed, and the court now rules, no hearing being deemed necessary. Local Rule 105.6. For the following reasons, Plaintiffs' motion for partial summary judgment will be granted in part and denied in part. Defendants' motion for partial summary judgment will be denied.

I. Background

Plaintiffs Laura McFeeley, Danielle Everett, Crystal Nelson, Dannielle Arlean McKay, Jenny Garcia, Patrice Howell, and Tarshea Jackson (collectively, " Plaintiffs" ), on behalf of themselves and all others similarly situated, filed this collective action against the exotic dance clubs, Fuego's Exotic Dance Club (" Fuego" ) and Extasy Exotic Dance Club (" Extasy" ), and the individuals and entities that operate both of them: Defendants Jackson Street Entertainment, LLC; Risque, LLC; Quantum Entertainment Group, LLC; Nico Enterprises, Inc.; XTC Entertainment Group, LLC; and Uwa Offiah (collectively, " Defendants" ) for violations of the minimum wage and overtime provisions of the Fair Labor Standards Act (" FLSA" ), 29 U.S.C. § § 201, et seq., the Maryland Wage and Hour Law (" MWHL" ), Md. Code, Lab. & Empl. § § 3-401, et seq., and the Maryland Wage Payment and Wage Collection Law (" MWPWC" ), Md. Code Ann., ...


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