The class includes:. The Court designates Steve W. Winston of Winton Law Corp. Ira M. Lechner, Esq. The parties are hereby ordered to file a proposed plan for providing notice to potential class members in accordance with RCFC 23 c 2 by December 19, Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case. Listed below are those cases in which this Featured Case is cited.
Click on the case name to see the full text of the citing case. Email Print Comments 0. View Case. November 20, FootNotes 1. Plaintiffs' complaint estimates the number of potential class members as in excess of In their Memorandum in support of class certification at page 3 , plaintiffs assert that information revealed during discovery suggests that the number of class members could actually exceed 75,, because at least that many of the covered individuals have performed services on federal holidays since July 1, Please support our work with a donation.
Ira M. Kirschman, Jr. United States, Fed. See Fed. In Austin I the Court limited its judgment to the claims of full-time nurses because the government had expressly stated that its motion did not address holiday pay entitlement for part- time nurses and because Plaintiffs waited until their reply brief to press their claims on behalf of part-time nurses.
Accordingly, after Austin I, the Court issued a Scheduling Order to govern briefing of these remaining issues on summary judgment.
ECF No. Those briefs have now been filed and all pending motions are ready for disposition. See Pls. Re Summ. See id. In their motion for reconsideration, Plaintiffs argue that the Court misinterpreted the E.
United States, 44 Fed. United States, 92 Fed. United States, 73 Fed. In this case, Plaintiffs have failed to demonstrate that there exist extraordinary circumstances justifying their request that the Court reconsider its opinion in Austin I. They point to no intervening change in controlling law. Nor do they identify evidence that was unavailable when the original cross-motions for partial summary judgment were before the Court. Instead, in their motion, Plaintiffs largely repeat arguments that they made earlier regarding the interpretation of E.
United States, 59 Fed. Drainage Dist. United States, 55 Fed. Plaintiffs argue that the Court erred when it held that section 5 of E. As described in Austin I, the Court concluded that section 5 of the E. The Court held that in the single tour situation, on the other hand, section 3 of E. And, as the Court described in detail, under those authorities, a nurse who worked a single tour that began the day before the calendar holiday and whose next workday did not begin on the calendar holiday would observe the calendar holiday on another scheduled workday during her basic workweek.
Section 5 of E. In its decision in Austin I, the Court concluded that section 5 does not apply in a single tour situation because the language of section 5 contemplates that the nurse will begin a second workday on the same calendar holiday on which her first workday ended. Therefore, Plaintiffs argue, full-time nurses who work a single tour should either be excused from work for the tour of duty that began the day before the calendar holiday, or be provided additional pay for working it.
This interpretation of section 5, which Plaintiffs also proffered during the first round of briefing, is unpersuasive. In other words, plaintiffs who work two eight-hour tours of duty, each of which straddles a single calendar holiday, would be granted the benefit of two holidays. Save my name, email, and website in this browser for the next time I comment.
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