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HARGROVE v. SLEEPY'S LLC

Civil Action No. 10-1138 (PGS).

SAM HARGROVE, ANDRE HALL, and MARCO EUSEBIO, individually and on behalf of all others similarly situated, Plaintiffs, v. SLEEPY'S LLC, Defendant.

United States District Court, D. New Jersey.

March 29, 2012.

Attorney(s) appearing for the Case

SAM HARGROVE, individually and on behalf of all others similarly situated, Plaintiff, represented by ANTHONY L. MARCHETTI , MARCHETTI LAW, P.C. & JERALD R. CURETON , CURETON CLARK, PC.

ANDRE HALL, individually and on behalf of all others similarly situated, Plaintiff, represented by ANTHONY L. MARCHETTI , MARCHETTI LAW, P.C. & JERALD R. CURETON , CURETON CLARK, PC.

MARCO EUSEBIO, individually and on behalf of all others similarly situated, Plaintiff, represented by ANTHONY L. MARCHETTI , MARCHETTI LAW, P.C. & JERALD R. CURETON , CURETON CLARK, PC.

SLEEPY'S LLC, Defendant, represented by KIMBERLY J. GOST , LITTLER MENDELSON P.C., ELIZABETH D. TEMPIO CLEMENT , LITTLER MENDELSON PC & THEO E.M. GOULD , LITTLER MENDELSON PC.

SLEEPY'S LLC, Cross Claimant, represented by KIMBERLY J. GOST , LITTLER MENDELSON P.C., ELIZABETH D. TEMPIO CLEMENT , LITTLER MENDELSON PC, THEO E.M. GOULD , LITTLER MENDELSON PC, KIMBERLY J. GOST , LITTLER MENDELSON P.C., ELIZABETH D. TEMPIO CLEMENT , LITTLER MENDELSON PC & THEO E.M. GOULD , LITTLER MENDELSON PC.

MEMORANDUM AND ORDER

PETER G. SHERIDAN, District Judge.

This matter is before the Court on two motions for summary judgment. The case concerns whether employees (Plaintiffs) were misclassified as independent contractors by Defendant, Sleepy's LLC. The Plaintiffs sue under the Employee Retirement Income Security Act (ERISA) 29 U.S.C. § 1001, et seq.

I

In this case, there are facts presented generally which apply to all Sleepy's deliverers...

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