The party seeking summary judgment has the initial burden to show the absence of a material fact. Under Federal Rule of Civil Procedure 56, summary judgment is appropriate only if the record shows that “there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” Fed.R.Civ.P. For the reasons stated below, the Motion for Summary Judgment is granted as to DoL's claims against Defendants ofori and the Serenity entities, with appropriate injunctive relief, but denied as to Defendant Sheikhadam. The Motion has been fully briefed and a hearing was held on March 15, 2023, following which the Court took the Motion under advisement. The DoL has filed a Motion for Summary Judgment on all claims against all Defendants (“the Motion”). The Court has jurisdiction over this action pursuant to Sections 16(c) and 17 of the FLSA. overall, the DoL seeks $872,470.21 in back pay to 145 employees, an equal amount in liquidated damages, and injunctive relief. The United States Department of Labor (“DoL”) brings this action for unpaid overtime wages under the Fair Labor Standards Act (“FLSA”) against Defendants Serenity Home Healthcare LLC, and three related business entities (under the same name), Hildigard ofori, the sole owner of the four companies, and Arafat Sheikhadam, the companies' general manager.
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