Free Amended Complaint - District Court of Federal Claims - federal

Case 1:05-cv-01227-EJD

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS

Qasem M. Al-Ali; Charles Almeida; Jeron Almeida; Jack R. Alton; Alman Arman; Roy R. Armendariz; Joseph V. Arrieta; Manual G. Avila, II; Jack K. Baker; John T. Balangue; Joseph G. Ballard; Teresa Barraza; James L. Bealts; Jerry Benavides; James E. Brown, Jr.; Tracy D. Calfee; Lisa Callaway; Ramon Camacho; Joe Campos; Raymundo Cantu, Jr.; Joe Cardiel; Alvi J. Castro; Guillermo Collazo, Jr.; Danny Collins; David Conde; Marcos A. Contreras; John P. Crabtree; Felix C. Cruz, Sr.; Louis Cruz; Thomas Deason; Son T. Do; Kevin P. Edmondson; Capt. Jean Elliott; Modesto L. Espinoza; Antonio Lee Faraci; Domenico Federico; Franklin Ferguson; Jimmie Fewquay; Walter Flake; Craig A. Galluzzo; Manuel R. Gardea; Denise Gearey; Carlos Gomez, Jr.; Pedro Gomez; George Gonzales; Hugo Gonzalez; Roel G. Gonzalez; Timothy William Graff; Alan Greenbaum; Donna Lee Gross; Timothy P. Gunther; Martin R. Gutierrez; Kevin P. Hale; Henry Clay Harrison; Ricarda M. Harvey; Bernard Henderson; Daniel F. Henderson; Randall Henderson; Michael A. Hill; Eloy Huerta; Michael Hughes; George Isaacs; Eddie Jackson; Mary Kibler; Scott Allan Knain; Joseph T. Koson; Frederick J. Krzysiak; Michael LaLonde; Robert H. Law, Jr.; Maury D. Lee; Estevan Lopez; John C. Louis; Pete Machin; Juan Jose Martin; Senobio Martinez, Jr.; Thomas V. McCabe; Felix Medrano; Peter Mercado; John Milian; Diana M. Miller-Jones; Miguel Munoz; John P. Myers; Joe A. Ortiz; Eric N. Parucki; Roger Pelletier; Jose L. Pena;

) ) ) ) ) ) Case No. 05-1227 C ) (Chief Judge Edward J. Damich) ) AMENDED COMPLAINT ) ) ) ) ) ) Filed Electronically: January 13, 2006 ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

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Jose "Joe" Manuel Perez; Jerry L. Petrey, Jr.; Susan A. Philen; Debra Phillips; Roy P. Quintero, Jr.; Stacey B. Quiroga; Eduardo Javier Ramirez; Johnny J. Ramirez; Julie M. Ramirez; Russell Lee Ratliff; Andre L. Richardson; Wayne T. Richardson; Consuelo A. Rivera; Lorenzo H. Rivera; Walter A. Robinson; Joseph A. Rodezno; Robert G. Rodriguez, Jr.; Hector Romero; Wanda Royall; Oscar Rubio; Robert Ruiz; Chirankura Rungreang; Ramiro Salinas; Stanley E. Sava; Scott Schrader; Ruth Schultz; Ricky G. Shanks; Capt. Robert E. Sheers; Victor Simental; Sean M. Stephens; Roy M. Steward; James E. Storms; William J. Sullivan; Carlos H. Tapia, Jr.; Thomas David Valade; Miguel A. Vallejo, Jr.; John D. Vanek; Miguel A. Vasquez; Julio Velez; Miguel M. Villicana; Ellis E. Washington, Jr.; Michael A. Webb; David W. Wiley; Gregory J. Winchester; Randy Winter; Michael H. Young; Pedro Ypina; Leonardo Yzaguirre, Jr.; and Daniel Zaragoza, Plaintiffs, v. THE UNITED STATES, Defendant.

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

AMENDED COMPLAINT 1. This is a claim for overtime compensation, liquidated damages, and

attorneys fees and costs under the provisions of Section 16(b) of the Fair Labor Standards Act of 1938, as amended by 29 U.S.C. section 216(b) (Hereinafter referred to as the "Act").

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2.

Defendant THE UNITED STATES is within the territorial

jurisdiction of this Court, and at all times mentioned herein the employer of Plaintiffs within the meaning of section 3(d) of the Act as amended by 29 U.S.C. 203(d) of the Act. 3. Plaintiffs, and each of them, are or were employees of Defendant as defined

by Section 3(e) of the Act as amended by 29 U.S.C. 203(e). 4. section 1491. 5. At all times mentioned herein, Defendant and their employees, the Jurisdiction of this action is conferred on this Court by Title 28 U.S.C.

Plaintiffs, were engaged in economic or regulatory activities which affected the flow of interstate commerce. 6. At all times mentioned in this complaint, Defendant and their employees,

the Plaintiffs, were engaged in interstate commerce within the meaning of the Act. 7. At all times mentioned in this complaint, Defendant and their employees,

the Plaintiffs, were engaged in receiving and transporting equipment and good shipped in interstate commerce. 8. Plaintiffs are employed as Supervisors with U.S. Immigration and Customs

Enforcement (hereinafter "ICE"), an agency within the Department of Homeland Security. 9. the Act. 10. As Supervisors employed with ICE, Plaintiffs have been and continue to be Plaintiffs are not law enforcement officers as defined by Section 207(k) of

classified as exempt employees of the Act. 11. During the period that the Plaintiffs have been employed as supervisors,

Plaintiffs have worked in excess of 40 hours per week. 12. At no time when Plaintiffs worked in excess of 40 hours per week did the

Defendant compensate plaintiffs at one and one half times their regular rate of pay for hours worked in excess of 40 hours per week.

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13.

For each week that Plaintiffs have worked in excess of 40 hours. Defendant

has failed to compensate the Plaintiffs at the rate of one and one half times their regular rate of pay for each and every hour worked in excess of 40 hours per week. 14. Code of Federal Regulations Title 29 Part 541 et seq., as well as Title 5 Part

551 et seq., exempts any employee employed in a bona fide executive, administrative, or professional capacity from the provisions of the Act. 15. The classification of Plaintiffs as exempt from the overtime provisions of

the Act is in violation of Code of Federal Regulations Title 29 Part 541 et seq., and Title 5 Part 551. 16. The actions of Defendant in not providing overtime compensation to the

Plaintiffs was willful or in reckless disregard for the provisions of the Act which mandate that Plaintiffs be compensated at one and one half times their regular wage for hours worked in excess of 40 hours per week. 17. The exact amount of overtime compensation owed to each Plaintiff is not

presently known as all relevant information and records concerning the number of overtime hours worked and compensation they received in weeks in which Plaintiffs worked in excess of 40 hours are in the exclusive possession and control of the Defendant. Plaintiffs propose to obtain such information through discovery requests, and if necessary, amend the pleadings in this case to set forth the amount due each Plaintiff. Plaintiffs estimate that the amount of overtime compensation, liquidated damages, and prejudgment interest owed is approximately three million dollars ($3,000,000.00). WHEREFORE, Plaintiffs pray for relief as follows: 1. Judgment be entered against the Defendants in the amount due each

plaintiff for overtime compensation for all hours worked in excess of 40 per week; 2. Liquidated damages for Defendants' failure to compensate Plaintiffs for

hours worked in excess of 40 hours per week; 3. 4. Plaintiffs' attorneys fees and costs of suit; Prejudgment interest under the Back Pay Act; and

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5.

For such other relief that the Court may deem appropriate. Respectfully submitted,

s/Everett L. Bobbitt, Esq.

Everett L. Bobbitt, Esq. Richard L. Pinckard, Esq. Bradley M. Fields, Esq. Julie S. Buechler, Esq. BOBBITT, PINCKARD & FIELDS, APC 8388 Vickers Street San Diego, CA 92111 Phone: (858) 467-1199 Facsimile: (858) 467-1285 Attorneys for Plaintiffs QASEM M. AL-ALI, et al. Dated: January 13, 2006

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CERTIFICATE OF FILING I hereby certify that on January 13, 2006, a copy of the foregoing "Amended Complaint" was filed electronically. I understand that notice of this filing will be sent to all parties by operation of the Court's electronic filing system. Parties may access this filing through the Court's system.

s/Everett L. Bobbitt, Esq.

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