Martinez v. LA Fox BP, Inc. et al

Filing 13

MOTION by Plaintiff Claudia Martinez for judgment prove up of damages (Sanchez, Jorge)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

CLAUDIA MARTINEZ, on behalf of
herself and others similarly situated
,
Plaintiffs,

LA FOX BP, INC and WAQAR QURESHI
individually,
Defendants.

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Case No. 17-cv-3849

Honorable Judge Sharon Johnson Coleman

PROVE UP OF DAMAGES FOR DEFAULT
Plaintiff Claudia Martinez submits the following by and through their attorney, Jorge Sanchez in
support of her claim for damages under the Fair Labor Standards Act and Illinois Minimum Wage
Law and submit the following in support thereof.
1. Plaintiff Claudia Martinez, has executed a declaration (attached as Exhibit A) detailing the
amount of wages owing and due to her.
2. Plaintiff Martinez is owed $4644 in unpaid overtime wages by Defendants Quereshi and LA
FOX BP, Inc.
3. The wages are owed to her since April of 2017.
4. Plaintiffs also attach to this filing a spread sheet (Exhibit B) which totals the amounts of
unpaid wages, liquidated damages in an amount equal to the unpaid wages, and 2% interest
per month for the time the wages have gone unpaid.
5. The Plaintiff’s total damages which she seek this Court to award her are $11,474 jointly and
severally by Defendants Quereshi and LA FOX BP, Inc.

6. Additionally, Plaintiffs request that this Court enter an award of attorneys’ fees of $6162.5
7. Plaintiff attaches to this motion as Exhibit C a declaration and supporting exhibits to which

which equals 14.5 hours of attorney time spent by Plaintiffs’ counsel at a rate of $425/hour.

8. Plaintiffs request that the Court issue an order finding Defendants liable for a total of
go to the determination of Counsel’s hourly rate.

$17.636.5 representing $11,474 damages, penalties and interest to Plaintiff and

$6162.5 in attorneys’ fees.

By: /s/ Jorge Sanchez
One of Plaintiffs’ Attorneys

Jorge Sanchez
Lopez & Sanchez LLP
77 W. Washington St., Suite 1313
Chicago, IL 60602
[e-mail]
312-420-6784

Dated: December 18, 2018

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Exhibit A

Claudia Martinez damages

Week ending
1‐Nov‐16
8‐Nov‐16
15‐Nov‐16
22‐Nov‐16
29‐Nov‐16
6‐Dec‐16
13‐Dec‐16
20‐Dec‐16
27‐Dec‐16
3‐Jan‐17
10‐Jan‐17
17‐Jan‐17
24‐Jan‐17
31‐Jan‐17
7‐Feb‐17
14‐Feb‐17
21‐Feb‐17
28‐Feb‐17
7‐Mar‐17
14‐Mar‐17
21‐Mar‐17
28‐Mar‐17
4‐Apr‐17
11‐Apr‐17

straight time 
interest
#of 
owed 40 
overtime owed  amount  amount  months*.02*         
Hours
hrs*$9/hr
(83‐40) hrs*13.5 paid
due 
monthly pay
83
360
580.5
940.5
193.5
83
360
580.5
940.5
193.5
83
360
580.5
940.5
193.5
83
360
580.5
940.5
193.5
83
360
580.5
940.5
193.5
464.4
83
360
580.5
940.5
193.5
83
360
580.5
940.5
193.5
83
360
580.5
940.5
193.5
83
360
580.5
940.5
193.5
356.04
83
360
580.5
940.5
193.5
83
360
580.5
940.5
193.5
83
360
580.5
940.5
193.5
83
360
580.5
940.5
193.5
83
360
580.5
940.5
193.5
425.7
83
360
580.5
940.5
193.5
83
360
580.5
940.5
193.5
83
360
580.5
940.5
193.5
83
360
580.5
940.5
193.5
406.35
83
360
580.5
940.5
193.5
83
360
580.5
940.5
193.5
83
360
580.5
940.5
193.5
83
360
580.5
940.5
193.5
387
83
360
580.5
940.5
193.5
83
360
580.5
940.5
193.5
147.06
Overtime pay owed
4644
2186.55
Liquidated damages
4644
Interest
2186.55

Total

11474.55

Exhibit B

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION

CLAUDIA MARTINEZ, on behalf of
herself and others similarly situated
,
Plaintiffs,

LA FOX BP, INC and WAQAR QURESHI
individually,
Defendants.

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

Case No. 17-cv-3849

Honorable Judge Sharon Johnson Coleman

DECLARATION OF JORGE SANCHEZ
I, Jorge Sanchez, affirm and state that the following is true and correct:
1.

I am one of the attorneys for plaintiffs in the above case.

2.

I received a B.A. from Brown University in 1989 and a J.D. from University of California

Berkeley, Boalt Hall School of Law in May 1995.
3.

At Boalt Hall I served as a researcher for Professor Angela Harris and served as articles

editor and an editor for the La Raza Law Journal.
4.

I was admitted to the Illinois State Bar and Northern District of Illinois in January 1998.

1 have also been admitted to the following courts: the United States District Court for the
Central District of Illinois, United States District Court for Eastern District of Wisconsin, the
United States District Court for Western District of Wisconsin, the United States District Court
for Northern District of Indiana; the United States District Court for the Eastern District of
Michigan; the United States District Court for the Central District of Pennsylvania; the United
States District Court for the District of Nebraska and the Seventh Circuit Court of Appeals.

Exhibit C

5.

1 have more than 20 years of legal and litigation experience and have split my career

largely between the law firm Despres Schwartz and Geoghegan and the civil rights non-profit
MALDEF, and co-founded my current firm Lopez & Sanchez, LLP in September 2016.
6.

At the Despres law firm I litigated a number of employment and civil rights cases across

a broad range of areas of law including the WARN Act, ERISA, Title VII, Section 1983,
LMRDA, False Claims Act, and Section II of the Voting Rights Act.
7.

Three cases in which I was the principle author of the appellate briefs and argued on

appeal have been published in official reporters. Brotherhood of Locomotive Engineers and
Trainmen v. Union Pacific R. Co., 500 Fad 591, (Cir. 7th Cir 2007)(overturing motion to
dismiss and ordering enforcement of arbitration award under the Railway Labor Act); Pena v.
American Meat Packing Corp., 362 F.3d 418, (Cir. 7th Cir 2004) (overturning grant of
summary judgment in a WARN Act case); Boyd v. Illinois State Police, 384 F.3d 888 (Cir. 7th
2004)(upholding verdict on basis of harmless error but finding that jury instructions given in
Title VII case were erroneous as plaintiff had argued).
8.

Additionally I was a contributing author and principle editor in the case Hallinan v.

Fraternal Order of Police Chicago Lodge 7, 570 F.3d 811 (7th Cir. 2009), and the sole author in
Gonzalez v. City of Aurora, 535 F.3d 594 (7th Cir. 2008). I argued both cases before the Court of
Appeals.
9.

Other reported decisions resulting from my efforts include U.S. v. National Training and

Information Center, Inc., 532 F.Supp.2d 946 (N.D.111., 2007)(granting in part my motion to
dismiss a False Claims Act complaint); US. ex rel. Salmeron v. Enterprise Recovery Systems, Inc.,
464 F.Supp.2d 766, (N.D.III., 2006)(denying defendant's motion to dismiss my False Claims Act
complaint); Pena v. American Meat Packing Corp., 258 F.Supp.2d 864, (N.D.I1I.,

2003)(overtumed by my subsequent appeal); Kozlowski v. Fry, 238 F.Supp.2d 996, (N.D.III.,
2002)(denying defendants' motion for summary judgement); Dickieson v. DER Travel Service,
Inc., 149 F.Supp.2d 1011, N.D.III., 2001 (denying defendant's motion to dismiss).
10.

In Phason, et al. v. Meridian Rail Corp. et al., then Chief Judge Holderman approved a fee

petition in a WARN Act Class action which stated hourly billing rates of $450 per hour for my
services in 2009. (See fee petition and order approving it, attached to this declaration).
11.

Prior to beginning my legal career I spent three years working as an organizer with the

United Farm Workers Union. Like the clients I encountered with the UFW a large number of my
clients have uncertain legal statuses, limited English proficiency and often low educational
attainment.
12.

Many of my clients require additional attention and assurances to pursue their legal

remedies. Many choose not to go forward out of fear.
13.

My fluency in Spanish, my experience working with similar client populations and my

knowledge of immigration and employment law allow me to counsel clients like those in the
present case, as to their rights and the potential risks and consequences associated with pursuing
legal action.
By: _/s/ Jorge Sanchez___

Lopez & Sanchez LLP
77 W. Washington St., Suite 1313
Chicago, IL 60602
[phone]
Dated: December 18, 2018

Case: 1:04-cv-05845 Document #: 301 Filed: 05/18/09 Page 1 of 2 PageID #:1867

Case: 1:04-cv-05845 Document #: 301 Filed: 05/18/09 Page 2 of 2 PageID #:1868

Case: 1:04-cv-05845 Document #: 313 Filed: 10/08/09 Page 1 of 1 PageID #:2114

Order Form (01/2005)

United States District Court, Northern District of Illinois
Name of Assigned Judge
or Magistrate Judge

James F. Holderman

CASE NUMBER

04 C 5845

CASE
TITLE

Sitting Judge if Other
than Assigned Judge

DATE

10/8/2009

Robert Phason et al vs. Meridan Rail Corp. Et al

DOCKET ENTRY TEXT

ENTER ORDER APPROVING ATTORNEY’S FEES: The law firm Despres, Schwartz & Geoghegan, Ltd.,
as Class Counsel, is hereby awarded the sum of four-hundred thousand dollars and no cents ($400,000.00) in
complete and final compensation and remuneration for all their fees and costs incurred during and relating to
this litigation, including any ongoing or future administration required by the Settlement Agreement.

O [ For further detail see separate order(s).]

Docketing to mail notices.

Courtroom Deputy
Initials:

04C5845 Robert Phason et al vs. Meridan Rail Corp. Et al

AMM

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