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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,
RBS CITIZENS, N.A., Defendant.
MEMORANDUM ORDER ADOPTING REPORTS AND
J. Schwab, United States District Judge.
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.
lawsuit, Plaintiffs allege that Defendant Citizens Bank, N.A.
(referred to as “RBS Citizens” in the Amended
Complaint) 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
for themselves and all those similarly situated pursuant to
Section 216(b) of the FLSA and Federal Rule of Civil
Procedure 23. Id.
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
• Plaintiffs' motion for class certification, doc.
• 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.
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