Fitzsimmons v. Stewart et al

Filing 85

FINAL JUDGMENT in favor of Plaintiff against Defendant Stewart Industries by District Judge Kenneth J. Gonzales. (tah)

Case 2:18-cv-00069-KG-GJF Document 85 Filed 07/14/20 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO
___________
ANDREA FITZSIMMONS,
Plaintiff,
v.

Civ. No. 18-69 KG/GJF

THOMAS STEWART, and
STEWART INDUSTRIES INTERNATIONAL
ROSWELL LLC,
Defendants.
____________________________________
ANDREA FITZSIMMONS,

CONSOLIDATED WITH

Plaintiff,
v.

Civ. No. 20-226 KG/GJF

STEWART INDUSTRIES
INTERNATIONAL ROSWELL LLC,
Defendant.
FINAL JUDGMENT IN FAVOR OF PLAINTIFF
AND AGAINST DEFENDANT STEWART
INDUSTRIES INTERNATIONAL ROSWELL LLC.
THIS MATTER is before the Court on Plaintiff Andrea Fitzsimmons March 12, 2020
civil enforcement action pursuant to 29 C.F.R. § 1979.113 to enforce the Judgement issued by
the Office of Administrative Law Judges, Judge Richard M. Clark, on January 9, 2020, in favor
of Plaintiff and against Stewart Industries International Roswell, LLC. Plaintiff submitted Judge
Clark’s January 9, 2020, final order with her March 12, 2020, civil enforcement action. The
Court, having reviewed the final order of the ALJ, and finding that Defendant Stewart Industries
International Roswell LLC. did not appeal the final order to the Tenth Circuit Court of Appeals

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Case 2:18-cv-00069-KG-GJF Document 85 Filed 07/14/20 Page 2 of 2

under 29 C.F.R. § 1979.112(a) and finding that the actions of Stewart Industries International
Roswell LLC. occurred in Roswell, New Mexico, enters Final Judgment against Stewart
Industries International Roswell LLC. in compliance with Fed. R. Civ. P. 58.
Wherefore;
IT IS FURTHER ORDERED that the ALJ’s damages are awarded in favor of Plaintiff
Andrea Fitzsimmons and against Defendant Stewart Industries International Roswell, LLC. in the
sum of $204,306.17.

______________________________________
UNITED STATES DISTRICT JUDGE

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