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TRACY v. NVR, INC.

No. 04-CV-6541L.

599 F.Supp.2d 359 (2009)

Patrick TRACY, et al., on behalf of themselves and all other employees similarly situated, Plaintiff, v. NVR, INC., Defendant.

United States District Court, W.D. New York.

February 23, 2009.

Attorney(s) appearing for the Case

J. Nelson Thomas, Cristina A. Douglass, Michael J. Lingle, Dolin, Thomas & Solomon LLP, Rochester, NY, for Plaintiff.

Lorie E. Almon, Devjani Mishra, Seyfarth Shaw LLP, New York, NY, Barry J. Miller, Richard L. Alfred, Seyfarth Shaw, Boston, MA, William G. Bauer, Woods Oviatt Gilman LLP, Rochester, NY, for Defendant.

DECISION AND ORDER

DAVID G. LARIMER, District Judge.

Defendant Ryan Homes ("NVR") is a home construction company with operations in upstate New York. Plaintiff Patrick Tracy ("Tracy") was employed by NVR from January 2000 until August 2005 as a Sales and Marketing Representative ("SMR"). His job duties included manning assigned stations upon tracts of land that NVR was developing into custom-built residential subdivisions. Such stations were generally located...

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