Danny Flores et al v. City of San Gabriel et al

Filing 83

JUDGMENT by Judge Jesus G. Bernal: IT IS HEREBY ORDERED AND ADJUDGED THAT: 1. Defendant is entitled to claim the overtime exception found in 29 U.S.C Section 207(k). 2. Defendant failed to include the value of cash-in-lieu of benefits payments when calculating Plaintiffs regular rates of pay. 3. Defendant was not required to include the total value of all benefits provided as part of its Flexible Benefit Plan in the calculation of Plaintiffs regular rates of pay. 4. Plaintiffs Robert Barada, Ra y Lara, Dane Woolwine, Rikimaru Nakamura, Christopher Wenzel, Cruz Hernandez and Enrique Deanda (collectively Prevailing Plaintiffs) established entitlement to unpaid overtime under the Fair Labor Standards Act. Accordingly, judgment is hereby enter ed in the Prevailing Plaintiffs favor against Defendant. The Prevailing Plaintiffs are entitled to overtime payments from Defendant in the following amounts: a. Robert Barada: $561.58; b. Ray Lara: $141.71; c. Dane Woolwine: $354.60; d . Rikimaru Nakamura: $294.72; e. Christopher Wenzel: $452.97; f. Cruz Hernandez: $48.02; g. Enrique Deanda: $390.26. 5. The Prevailing Plaintiffs shall recover prejudgment interest on the above sums. 6. The Prevailing Plaintiffs shall recover their costs of suit and reasonable attorneys fees from Defendant. 7. The Prevailing Plaintiffs are not entitled to liquidated damages. 8. Plaintiffs Kevin Watson, Shannon Casillas, James Just, Gilbert Lee, Rene Lopez, Steve Rodrigues and Vy Van failed to establish entitlement to any relief from Defendant. Accordingly, judgment is entered in Defendants favor against those Plaintiffs, who shall take nothing by way of their complaint. (MD JS-6, Case Terminated). (ad)

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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DANNY FLORES,ROBERT
BARADA,KEVIN WATSON,VY
VAN,RAY LARA,DANE
WOOLWINE,RIKIMARU
NAKAMURA,CHRISTOPHER
WENZEL,CRUZ
HERNANDEZ,SHANNON
CASILLAS,JAMES
JUST,RENE LOPEZ,GILBERT
LEE,STEVE RODRIGUES,
and ENRIQUE DEANDA,

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Plaintiffs,

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Case No. CV-12-04884
JGB (JCGx)
JUDGEMENT

v.
CITY OF SAN GABRIEL;
Defendant.

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On August 29, 2013, the Court issued an Order

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Granting Defendant’s Motion for Partial Summary

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Judgment and Granting in part Plaintiff’s Motion for

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Partial Summary Judgment (Doc. No. 37). In the Court’s

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Order, the Court requested additional briefing on the

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issue of Plaintiff’s entitlement to Liquidated Damages.

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On October 29, 2013, the Court issued an Order

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Denying Plaintiff’s Motion for Summary Judgment and Sua

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Sponte Granting Defendant Summary Judgment as to

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liquidated Damages (Doc. No. 71).

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FOR GOOD CAUSE HAVING BEEN SHOWN, IT IS HEREBY
ORDERED AND ADJUDGED THAT:
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exception found in 29 U.S.C Section 207(k).

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Defendant is entitled to claim the overtime

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Defendant failed to include the value of cash-

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in-lieu of benefits payments when calculating

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Plaintiff’s regular rates of pay.

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3.

Defendant was not required to include the total

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value of all benefits provided as part of its

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Flexible Benefit Plan in the calculation of

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Plaintiff’s regular rates of pay.

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4.

Plaintiffs Robert Barada, Ray Lara, Dane

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Woolwine, Rikimaru Nakamura, Christopher

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Wenzel, Cruz Hernandez and Enrique Deanda

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(collectively “Prevailing Plaintiffs”)

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established entitlement to unpaid overtime

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under the Fair Labor Standards Act.

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Accordingly, judgment is hereby entered in the

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Prevailing Plaintiff’s favor against Defendant.

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The Prevailing Plaintiffs are entitled to

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overtime payments from Defendant in the

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following amounts:

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a.

Robert Barada:

$561.58

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b.

Ray Lara:

$141.71

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c.

Dane Woolwine:

$354.60

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d.

Rikimaru Nakamura:

$294.72

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e.

Christopher Wenzel:

$452.97

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f.

Cruz Hernandez:

$48.02

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g.

Enrique Deanda:

$390.26

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prejudgment interest on the above sums.

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The Prevailing Plaintiffs shall recover

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The Prevailing Plaintiffs shall recover their

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costs of suit and reasonable attorney’s fees

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from Defendant.

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liquidated damages.

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The Prevailing Plaintiffs are not entitled to

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Plaintiffs Kevin Watson, Shannon Casillas,

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James Just, Gilbert Lee, Rene Lopez, Steve

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Rodrigues and Vy Van failed to establish

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entitlement to any relief from Defendant.

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Accordingly, judgment is entered in Defendant’s

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favor against those Plaintiffs, who shall take

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nothing by way of their complaint.

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Dated: July 30, 2014

____________________________
Jesus G. Bernal

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United States District Judge

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