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Reinig v. RBS Citizens, N.A.

United States District Court, W.D. Pennsylvania

August 22, 2017

ALEX REINIG, KEN GRITZ, BOB SODA, MARY LOU GRAMESKY, PETER WILDER SMITH, WILLIAM KINSELLA, DANIEL KOLENDA, VALERIA DAL PINO, AHMAD NAJI, ROBERT PEDERSON, TERESA FRAGALE, and DAVID HOWARD, Plaintiffs,
v.
RBS CITIZENS, N.A., Defendant.

          MEMORANDUM ORDER ADOPTING REPORTS AND RECOMMENDATIONS

          Arthur J. Schwab, United States District Judge.

         Pursuant to Rule 53 of the Federal Rules of Civil Procedure and by stipulation of the Parties, Special Master David R. Cohen was appointed to file Reports and Recommendations concerning summary judgment, class action certification, and collective action decertification. See Fed. R. Civ. P. 53; Doc. No. 82; and Doc. No. 86.

         In this lawsuit, Plaintiffs allege that Defendant Citizens Bank, N.A. (referred to as “RBS Citizens” in the Amended Complaint[1]) failed to pay Mortgage Loan Officers (“MLOs”) all compensation due 1) by devising a compensation plan whereby commission payments are calculated by subtracting the hourly wages of the MLO from the “gross commissions” (referred to as the “Recapture Claims”), and 2) by maintaining an “unofficial policy” to discourage MLOs from fully reporting overtime hours worked (the “off-the-clock” claims). Doc. No. 85. Plaintiffs seek relief under the Fair Labor Standards Act (“FLSA”) and corresponding state laws[2] for themselves and all those similarly situated pursuant to Section 216(b) of the FLSA and Federal Rule of Civil Procedure 23. Id.

         In May 2016, the Court conditionally certified this action under Section 216(b) of the FLSA. Doc. No. 57. Approximately 350 plaintiffs have since opted-in to this FLSA collective action. See Doc. No. 112, p. 11. Pending before the Court are:

• Plaintiffs' motion for class certification, doc. no. 110;
• Defendant's motion to decertify the FLSA collective action, doc. no. 111;
• Plaintiff s motion for partial summary judgment on the Recapture Claims, doc. no. 106; and
• Defendant's motion for summary judgment, doc. no. 113.

         The Special Master made the following recommendations:

• GRANT Plaintiffs' motion for class certification of the state-law Recapture Claims;
• GRANT final certification of Plaintiffs' FLSA Recapture Claims (by DENYING Defendant's motion to decertify the collective action for those claims);
• DENY Plaintiffs' motion for partial summary judgment on the Recapture Claims;
• GRANT Defendant's motion for summary judgment on the ...

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