U.S. Court of Appeals for the Seventh Circuit, 2011

Kevin Kasten v. Saint-Gobain Perfor

Kevin Kasten v. Saint-Gobain Perfor
U.S. Court of Appeals for the Seventh Circuit · Decided May 26, 2011

Kevin Kasten v. Saint-Gobain Perfor

Opinion

NONPRECEDENTIAL DISPOSITION To be cited only in accordance with Fed. R. App. P. 32.1

In the United States Court of Appeals For the Seventh Circuit Decided May 26, 2011 Before WILLIAM J. BAUER, Circuit Judge JOEL M. FLAUM, Circuit Judge FREDERICK J. KAPALA, District Judge* No. 08‐2820 KEVIN KASTEN, Plaintiff‐Appellant, v. SAINT‐GOBAIN PERFORMANCE PLASTICS CORP., Defendant‐Appellee.

___________________________ Appeal from the United States District Court for the Western District of Wisconsin.

No. 07‐C‐0686—Barbara B. Crabb, Judge.

On Remand from the United States Supreme Court No. 09‐834 ___________________________ ORDER

* The Honorable Frederick J. Kapala, of the United Stated District Court for the Northern District of Illinois, sitting by designation.

No. 10‐3392 Page 2

On March 22, 2011, the Supreme Court reversed our decision in this case and remanded the matter for proceedings in conformity with its opinion. Kasten v. Saint‐Gobain Performance Plastics Corp., 131 S.Ct. 1325 (2011). In light of that opinion – concluding that oral complaints fall within the scope of the phrase “filed any complaint” in 29 U.S.C. § 215(a)(3) – it is ORDERED that this case be remanded to the district court for further proceedings pertaining to Kasten’s antiretaliation claim under the Fair Labor Standards Act.

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