Perez v. MWE Services, Inc.

Filing 81

CONSENT JUDGMENT - Each party shall bear their own costs, fees and other expenses incurred by such party in connection with any stage of the proceeding. Ordered by Judge Robert F. Rossiter, Jr. (GJG)

IN 11IE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA

nlOMAS E. PEREZ,
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SECRETARY OF LABOR,
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UNITED STATES DEPARTMENT OF LABOR, )
Plaintiff;

v.
MWE SERIVCES, INC., d/b/a
MIDWEST DEMOUTION, JOHN ZAPATA,
and KATIE CEDERBUR.O,
Defendants.

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CIVIL ACJ'ION FILE
NO. 4:1-kv..03073

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CONSENTJUDQMENT
Plaintiffhaving brought this action against Defendants, MWE Serv.ices_ lnc., dlb'a
Midwest Demolition, a c:orporation, and individuals John Zapata and Katie Cederburs.
for overtime violations of the Fair Labor Standards Act during lbe time period January 1,

201 l, through September 2, 2013, at a demolition company Defendants own and operate
in Lincoln. Nebn11b. Datcmdanll having ep:cd to the entry oftlrls judgment wiahout
contest pwsuant to an apcement between the parties, and upon joint motion of the
pmtia. for aucxl came shown:

IT IS HEREBY ORDERED, ADJUDGED, and DECREED that Defendants
MWE Services, Inc. d/b/a Midwest Demolition, a corporalion. John Zapata, individually,
and Katie Cedertnq. individually, (the "Defendantsj hereby agree and acknowledge
that as a result ofclaims made by Plaintiff'in this lawsuit, Defeod.aots shall pay the total

sums of$12S,OOO ia unpaid overtime compensation and $125,000 in liquidated damages
for the period January 1, 2011, through September 2, 2013, for the individuals lisled on
Appendix A, attached hereto, pursuant to a three-year payment plan agreed to by the
CORF/JOOl61l.000l/121756176.I

parties, the explicit terms ofwhich the parties have set forth in a scparak: agreemenL

IT IS FURTHER ORDERED. ADJUDGED AND DECREED that, nothing in this
Judgment affects the rights of any cumml or fonner employees with respect to any

claimed violations of the Act for time periods other than the period January I, 2011
through September 2, 2013, and. notwithstanding anything to the contrary, above,

nothing in this consent order aball be deemed an admission on the part of Defendants to
claims raised by employees for violations of!M Act in this or any futwe litigation.
Further. nothing In this Order precludes Plaintifl'fiom enforcing violations ofthe Act
against Defendants that occw- after the date of this Older, and nothing in trus Order shall

Sept 7, 2016.

prevent Defendants from asserting their defenses to such violations. As consideration for

such tcnn, Defendants represenl dad they have been In compliance with the overtime
requirements of the Act since at least October of2014.
IT JS FURTHER ORDERED, ADJUDGED AND DECREED that each party
shall bear their own costs. fees and other expenses incurred by such party in connection
with any stage or this proceeding.

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Dad: Sept. 7, 2016

CORE/JOOIAJ.00021121756176.I

Robert F. Rossiter, Jr.
UNITED STATES DISTRICT JUDOE

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Entry of thil judgmeat
II hereby conseated to:

B~ {j;-

E

~-

Sara • elch
Slimon Lcomud Street LLP •
1201 Wllnul Strm. Suite 2900
Kansas City, MO 64106.21SO
181'[e-mail]

ATTORNEY FOR DEFENDANTS

COREl.JOOl6n0002/1217S6176.I

3

M. Patricia Smith
Solicitor of Labor

Christine Z. Hcri

..

Regional Solicitor
H. Alice Jacks
Associate Regional Solicitor

Attorney

2300 Main Stm:t
Suite 1020

Kansas City, MO 64 r08
[phone]
[phone] (fax)
.:.:Jiitkl\. tL:~ ! ;11.~ili~·'

[e-mail]
A1TORNEYS FOR PLAINTIFF', THOMAS E. PEREZ
THE UNITED STATES SECRETARY OF LABOR

CORFJJOOJ6ll0002/J2m6176.J

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