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Torres v. Simpatico, Inc.

United States Court of Appeals, Eighth Circuit

March 25, 2015

Jose Torres; Guadalupe Clemente; Luz Walker; Christina Beiter; Antonio Carmona, individually and on behalf of all others similarly situated, Plaintiffs - Appellants
v.
Simpatico, Inc.; Stratus Franchising, LLC; Peter Frese, Jr., individually; Dennis Jarrett, individually; Carmen Garcia, individually; David Farrell, individually; Marisa Lather, individually; Alen Suljanovic, individually; Bob Stapleton, individually; PHSSCH SBS, LLC; Channen Smith, individually; Stratus Building Solutions of Arizona, Inc.; Lupita Gallego, individually; Ed Nunez, individually; Jason Dowling, individually; Gonzalo Moreno, individually; Mark Bashforth, doing business as Stratus Building Solutions of San Diego; Mark Bashforth, individually; Jayson Bashforth, doing business as Stratus Building Solutions of San Diego; Jayson Bashforth, individually; Marvin Ashton, individually; Colorado Cleaning Partners, Inc., doing business as Stratus Building Solutions of Southern Colorado; James Van Dyke, individually; Channen Smith, doing business as Stratus of Denver; Joshua Fletcher, individually; Mert Smith, individually; Kukamachu, Inc., doing business as Stratus of Honolulu; Aaron Kahaloa, individually; Iowa Building Solutions, LLC, doing business as Stratus of Iowa; Leonard Fazio, individually; Michael Fazio, individually; Amy Lundstrum, individually; Stratus Building Solutions of Kansas, LLC; Gator Greenwill, individually; Luis Morales; Napco Group, Inc., doing business as Stratus Building Solutions of Maryland; Mike Napolitano, individually; Anthony Napolitano, individually; Stratus Building Solutions of Nebraska; Chelley Baack, individually; Jim Morrison, individually; Shawn Vick, individually; Ariss Rogel, individually; Sunshine Investment Group, Inc., doing business as Stratus of Northern New Jersey; Don Gartner, individually; Stratus Building Solutions of Long Island, Inc.; Richard Baran, individually; MARRS, LLC, doing business as Stratus Building Solutions of Cincinnati; Mark Stocker, individually; Terry Behrle, individually; Tom Grassi, doing business as Stratus Building Solutions of Cleveland; Tom Grassi, individually; Tim Tilton, doing business as Stratus Building Solutions of Cleveland; Tim Tilton, individually; HolBon Holdings, LLC, doing business as Stratus Building Solutions of Philadelphia; Tom Weiss, individually; John Coleman, individually; Bonnie Coleman, individually; Ralph Sizemore, doing business as Stratus of Upstate Carolina; Ralph Sizemore, individually; DE Holdings, LLC, doing business as Stratus Building Solutions of Nashville; David Smith, individually; Ed Lease, individually; Mark Bashforth, doing business as Stratus Building Solutions of Houston; Jayson Bashforth, doing business as Stratus Building Solutions of Houston; Greg Fishman, doing business as Stratus of Austin; Greg Fishman, individually; Tom Baker, doing business as Stratus of Dallas; Dawn Caudill, doing business as Stratus of Dallas; Tom Baker, individually; Dawn Caudill, -individually; Stephen Sheriff, individually; TJM Associates, Inc., doing business as Stratus of Northern Texas; Jacquelyn Mosley, individually; Thomas Mosley, individually; Eleazar Quintana, individually; William Ragsdale, individually; Stratus Building Solutions of Northern Utah; Lori Sealy, individually; SYDDAR, inc., doing business as Stratus Building Solutions of Salt Lake; Shauna Sharpsteen, individually; Lucero Flores, individually; Emily Thomas, individually; Shea Sealy, individually, Defendants - Appellees

Submitted: January 15, 2015.

Page 964

[Copyrighted Material Omitted]

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[Copyrighted Material Omitted]

Page 966

Appeal from United States District Court for the Eastern District of Missouri - St. Louis.

For Jose Torres, Guadalupe Clemente, Luz Walker, Christina Beiter, Antonio Carmona, individually and on behalf of all others similarly situated, Plaintiffs - Appellants: Jonathan Edward Fortman, Law Office of Jonathan E. Fortman, LLC, Florissant, MO.

For Simpatico, Inc., Stratus Franchising, LLC, Peter Frese, Jr., individually, Dennis Jarrett, individually, Carmen Garcia, individually, David Farrell, individually, Marisa Lather, individually, Alen Suljanovic, individually, Bob Stapleton, individually, Phssch Sbs, LLC, Channen Smith, individually, Stratus Building Solutions of Arizona, Inc., Lupita Gallego, individually, Ed Nunez, individually, Jason Dowling, individually, Gonzalo Moreno, individually, Mark Bashforth, doing business as: Stratus Building Solutions of San Diego, Jayson Bashforth, doing business as: Stratus Building Solutions of San Diego, Marvin Ashton, individually, Colorado Cleaning Partners, Inc., doing business as: Stratus Building Solutions of Southern Colorado, James Van Dyke, individually, Joshua Fletcher, individually, Mert Smith, individually, Kukamachu, Inc., doing business as: Stratus of Honolulu, Aaron Kahaloa, individually, Iowa Building Solutions, LLC, doing business as: Stratus of Iowa, Leonard Fazio, individually, Michael Fazio, individually, Amy Lundstrum, individually, Stratus Building Solutions of Kansas, LLC, Gator Greenwill, individually, Luis Morales, Napco Group, Inc., doing business as: Stratus Building Solutions of Maryland, Mike Napolitano, individually, Anthony Napolitano, individually, Stratus Building Solutions of Nebraska, Chelley Baack, individually, Jim Morrison, individually, Shawn Vick, individually, Ariss Rogel, individually, Sunshine Investment Group, Inc., doing business as: Stratus of Northern New Jersey, Don Gartner, individually, Stratus Building Solutions of Long Island, Inc., Richard Baran, individually, Marrs, LLC, doing business as: Stratus Building Solutions of Cincinnati, Mark Stocker, individually, Terry Behrle, individually, Tom Grassi, doing business as: Stratus Building Solutions of Cleveland, Tim Tilton, doing business as: Stratus Building Solutions of Cleveland, HolBon Holdings, LLC, doing business as: Stratus Building Solutions of Philadelphia, Tom Weiss, individually, John Coleman, individually, Bonnie Coleman, individually, Ralph Sizemore, individually, DE Holdings, LLC, doing business as: Stratus Building Solutions of Nashville, David Smith, individually, Ed Lease, individually, Greg Fishman, individually, Tom Baker, individually, Dawn Caudill, -individually, Stephen Sheriff, individually, TJM Associates, Inc., doing business as: Stratus of Northern Texas, Jacquelyn Mosley, individually, Thomas Mosley, individually, Eleazar Quintana, individually, William Ragsdale, individually, Stratus Building Solutions of Northern Utah, Lori Sealy, individually, SYDDAR, inc., doing business as: Stratus Building Solutions of Salt Lake, Shauna Sharpsteen, individually, Lucero Flores, individually, Emily Thomas, individually, Shea Sealy, individually, Defendants - Appellees: Glenn Eugene Davis, Charles Noah Insler, Lindsay Leible, Hepler & Broom, Saint Louis, MO.

For Mark Bashforth, individually, Jayson Bashforth, individually, Channen Smith, doing business as: Stratus of Denver, Tom Grassi, individually, Tim Tilton, individually, Ralph Sizemore, doing business as: Stratus of Upstate Carolina, Mark Bashforth, doing business as: Stratus Building Solutions of Houston, Jayson Bashforth, doing business as: Stratus Building Solutions of Houston, Greg Fishman, doing business as: Stratus of Austin, Tom Baker, doing business as: Stratus of Dallas, Dawn Caudill, doing business as: Stratus of Dallas, Defendants - Appellees: Glenn Eugene Davis, Lindsay Leible, Hepler & Broom, Saint Louis, MO.

Before WOLLMAN, SMITH, and SHEPHERD, Circuit Judges.

OPINION

Page 967

WOLLMAN, Circuit Judge.

Jose Torres, Guadalupe Clemente, Luz Walker, Christina Beiter, and Antonio Carmona (the Appellants) appeal from the district court's[1] order granting appellees' motion ...


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