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SMITH v. C.H. JAMES RESTAURANT HOLDINGS, L.L.C.

No. 11 C 5545.

WENDELL SMITH, Plaintiff, v. C.H. JAMES RESTAURANT HOLDINGS, L.L.C. et al., Defendants.

United States District Court, N.D. Illinois, Eastern Division.

January 26, 2012.

Attorney(s) appearing for the Case

Wendell Smith, on behalf on himself, and all others similarly situated, Plaintiff represented by John Reid Malkinson, Malkinson & Halpern, P.C..

Wendell Smith, on behalf on himself, and all others similarly situated, Plaintiff, represented by Carlie Shane Marvel, Malkinson & Halpern, P.C..

Wendell Smith, on behalf on himself, and all others similarly situated, Plaintiff, represented by Seth Robert Halpern, Malkinson & Halpern, P.C..

C.H. James Restaurant Holdings, LLC, an Illinois Corporation, Defendant represented by David Loren Christlieb, Littler Mendelson, P.C..

C.H. James Restaurant Holdings, LLC, an Illinois Corporation, Defendant, represented by Amanda Elaine Inskeep, Littler Mendelson, P.c..

C.H. James Restaurant Holdings, LLC, an Illinois Corporation, Defendant, represented by Catherine Sarah Lindemann, Littler Mendelson, P.c..

C.H. James Restaurant Holdings, LLC, an Illinois Corporation, Defendant, represented by Christina A. Andronache, Littler Mendelson.

C.H. James & Company, an Illinois corporation, Defendant represented by David Loren Christlieb, Littler Mendelson, P.C..

C.H. James & Company, Defendant, represented by Amanda Elaine Inskeep, Littler Mendelson, P.c..

C.H. James & Company, Defendant, represented by Catherine Sarah Lindemann, Littler Mendelson, P.c..

C.H. James & Company, Defendant, represented by Christina A. Andronache, Littler Mendelson.

Charles ""Chuck&quo James, III, Defendant, represented by David Loren Christlieb, Littler Mendelson, P.C..

Charles ""Chuck&quo James, III, Defendant, represented by Amanda Elaine Inskeep, Littler Mendelson, P.c..

MEMORANDUM OPINION

SAMUEL DER-YEGHIAYAN, District Judge.

This matter is before the court on Defendants' partial motions to dismiss. For the reasons stated below, the motions are granted in part and denied in part.

BACKGROUND

Plaintiff Wendell Smith (Smith) allegedly worked as an hourly employee at one or more Burger King Restaurants (Restaurants) owned and operated by Defendant C.H. James Restaurant Holdings, LLC...

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