Free Motion to Amend Pleadings - Rule 15 - District Court of Federal Claims - federal

Case 1:05-cv-01043-VJW

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Filed 04/25/2008

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IN THE UNITED STATES COURT OF FEDERAL CLAIMS NO: 05-1043C JORGE A. DELPIN APONTE, et al., v. UNITED STATES OF AMERICA

MOTION FOR LEAVE TO FILE AN AMENDED THE COMPLAINT BEFORE THE HONORABLE COURT: COMES NOW plaintiffs in the above captioned complaint and as further detailed, through undersigning counsel, respectfully STATE and PRAY: 1. on In the captioned case, the plaintiffs deposed the Defendant March 21, 2008. During the course of said deposition,

plaintiffs reviewed the formula currently used by the Postal Service to compute overtime pay in Puerto Rico. 2. From the information provided by the Postal Service,

plaintiffs were able to ascertain with mathematical certainty, that the Postal Service is not paying overtime at the rates established under applicable law, meaning that Defendant is

paying overtime at less than 1 ½ the Regular Rate. 3. Moreover, is not plaintiffs paying also established in that the Postal its own

Service

overtime

accordance

with

regulations, to any and all postal employees within the Postal Service System. This means that the violations are not limited

to postal employees in Puerto Rico.

Case 1:05-cv-01043-VJW
4.

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Accordingly, plaintiffs have decided that the complaint in

the captioned matter has to be amended to include all postal employees within the US Postal Service System which have been and continue to be paid overtime at less that 1 ½ Rate. also the Regular

Moreover, the amended complaint attached to this motion, describes the made basis by the of the violation, Service meaning short that of the the

computations

Postal

fall

mandated formula of 1 ½ times the Regular Rate for the payment of overtime. 5. Plaintiffs also see the need to amend their request for the

certification of a class to include all postal employees within the Postal Service System. WHERETOFORE plaintiffs move this Honorable Court to grant leave to file an amended complaint for the purposes stated in this motion. with the The amended complaint is attached to this motion, that, if this Honorable Court approves the

request

filing, it be filed as such in the docket of this matter. Respectfully submitted, S/ Santiago F. Lampón

SANTIAGO F. LAMPÓN LAMPÓN & ASSOCIATES PO BOX 363641 SAN JUAN, PR 00936-3641 Tel: (787) 273-6767 Fax: (787) 758-3679 Attorney for Plaintiffs

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Case 1:05-cv-01043-VJW
April 25, 2008

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Filed 04/25/2008

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CERTIFICATE OF SERVICE I hereby certify that on this same date, a copy of the foregoing motion has been 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/ Santiago F. Lampón

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