Case: Montoya v. SCCP Painting Contractors, Inc.

1:07-cv-00455 | U.S. District Court for the District of Maryland

Filed Date: Feb. 21, 2007

Closed Date: March 19, 2009

Clearinghouse coding complete

Case Summary

On February 21, 2007, employees of S.C.C.P Painting Contractors Inc. filed this class action lawsuit against it under the Fair Labor Standards Act (29 U.S.C. §§ 201-219), the Maryland Wage and Hour Law, the Maryland Wage Payment and Collection Law, the D.C. Minimum Wage Law, the D.C. payment and Collection of Wages Law, and the Maryland and District of Columbia Common Law in the U.S. District Court for the District of Maryland. Plaintiffs alleged that S.C.C.P. (1) failed to pay wages for work p…

On February 21, 2007, employees of S.C.C.P Painting Contractors Inc. filed this class action lawsuit against it under the Fair Labor Standards Act (29 U.S.C. §§ 201-219), the Maryland Wage and Hour Law, the Maryland Wage Payment and Collection Law, the D.C. Minimum Wage Law, the D.C. payment and Collection of Wages Law, and the Maryland and District of Columbia Common Law in the U.S. District Court for the District of Maryland. Plaintiffs alleged that S.C.C.P. (1) failed to pay wages for work performed, (2) failed to pay for work that employers were required to perform "off the clock", (3) failed to pay employees overtime compensation, (4) and unlawfully deducted amounts from their employee's paychecks. Plaintiffs were represented by the Washington Lawyers' Committee for Civil Rights and Urban Affairs and sought injunctive and monetary relief in the form of reimbursement for all withheld and unpaid wages.

The Court (Judge Catherine C. Blake) conditionally certified a class of "all individuals who are or have been employed by Defendants as non-exempt, hourly-paid employees for the three years immediately prior to the date of conditional certification" on February 26, 2008. 2008 WL 554114.

On December 16, 2008, the Court granted Plaintiffs' Motion for Partial Summary Judgment, holding that Plaintiffs were covered FLSA employees when they worked for Defendant, and that as a result Defendant would be liable to Plaintiffs for underpayment of overtime wages. 589 F. Supp. 2d 569.

On March 19, 2009, the Court entered a consent decree awarding Plaintiffs a total of $200,000.

This case is closed.

Summary Authors

Gregory Pitt (7/18/2012)

People


Judge(s)

Blake, Catherine C. (Maryland)

Attorneys(s) for Plaintiff

Cynamon, David J. (District of Columbia)

Huhta, Susan E. (District of Columbia)

Langford, Elizabeth Anne (District of Columbia)

Varela, Laura Elena (District of Columbia)

Attorneys(s) for Defendant

Whittenberger, G. Randall (Maryland)

Judge(s)

Blake, Catherine C. (Maryland)

Attorneys(s) for Plaintiff

Cynamon, David J. (District of Columbia)

Huhta, Susan E. (District of Columbia)

Langford, Elizabeth Anne (District of Columbia)

Varela, Laura Elena (District of Columbia)

Attorneys(s) for Defendant

Whittenberger, G. Randall (Maryland)

Documents in the Clearinghouse

Document

Docket (PACER)

Montoya v. S.C.C.P. Painting Contractors, Inc.

Dec. 1, 2010 Docket
1

Complaint

Montoya v. S.C.C.P. Painting Contractors, Inc.

Feb. 22, 2007 Complaint
12

Reply to Plaintiffs' Opposition to Motion for More Definite Statement

Montoya v. S.C.C.P. Painting Contractors, Inc.

April 23, 2007 Pleading / Motion / Brief
15

Answer to Complaint

Montoya v. S.C.C.P. Painting Contractors, Inc.

May 14, 2007 Pleading / Motion / Brief
52

ORDER (Granting Plaintiff's Motion for Conditional Class Certification)

Montoya v. S.C.C.P. Painting Contractors, Inc.

2008 WL 554114

Feb. 26, 2008 Order/Opinion
90

Memorandum

Montoya et al v. S.C.C.P. Painting Contractors, Inc. et al

589 F.Supp.2d 569, 2008 U.S.Dist.LEXIS 103122

Dec. 16, 2008 Order/Opinion
107

Consent Decree

Montoya v. S.C.C.P. Painting Contractors, Inc.

March 19, 2009 Order/Opinion

Docket

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT with Exhibit 1 against S.C.C.P. Painting Contractors, Inc., Giovanni Sulmonte (Filing fee $ 350, Receipt Number 84637008519), filed by Giovanni (Henry) Montoya, Alexander Figueroa, Manuel Carrera, Ivan Aplicano. (Attachments: # 1 Civil Cover Sheet)(elt, Deputy Clerk) (Entered: 02/22/2007)

Feb. 21, 2007

Jury Trial Demand by Giovanni (Henry) Montoya, Alexander Figueroa, Manuel Carrera, Ivan Aplicano. (elt, Deputy Clerk) (Entered: 02/22/2007)

Feb. 21, 2007
2

Correspondence re: CM/ECF warning letter to counsel. (elt, Deputy Clerk) (Entered: 02/22/2007)

Feb. 22, 2007
3

Summons Issued 20 days as to S.C.C.P. Painting Contractors, Inc., Giovanni Sulmonte. (elt, Deputy Clerk) (Entered: 02/22/2007)

Feb. 22, 2007
4

(FILED IN ERROR) ANSWER to Complaint by S.C.C.P. Painting Contractors, Inc., Giovanni Sulmonte. (Attachments: # 1 Memo in Support, proposed Order, Request for Hearing)(Whittenberger, G) Modified on 3/26/2007 (jnl, Deputy Clerk). (Entered: 03/26/2007)

March 26, 2007
5

MOTION for More Definite Statement by S.C.C.P. Painting Contractors, Inc., Giovanni Sulmonte. Responses due by 4/12/2007 (Attachments: # 1 Memo in Support# 2 Text of Proposed Order # 3 Request for Hearing# 4 Certificate of Service# 5 (Filed in error) Disclosure of Corporate Interest)(Whittenberger, G) Modified on 3/27/2007 (jnl, Deputy Clerk). (Entered: 03/26/2007)

March 26, 2007
6

Local Rule 103.3 Disclosure Statement by S.C.C.P. Painting Contractors, Inc., Giovanni Sulmonte. (Whittenberger, G) (Entered: 03/26/2007)

March 26, 2007
7

AFFIDAVIT of Service for Summons and Complaint and Exhibit served on SCCP Painting Contractors, Inc. on March 8, 2007, filed by Giovanni (Henry) Montoya, Alexander Figueroa, Manuel Carrera, Ivan Aplicano. (Cynamon, David) (Entered: 03/28/2007)

March 28, 2007
8

AFFIDAVIT of Service for Summons and Complaint and Exhibit served on Giovanni (a.k.a. "John") Sulmonte on March 6, 2007, filed by Giovanni (Henry) Montoya, Alexander Figueroa, Manuel Carrera, Ivan Aplicano. (Cynamon, David) (Entered: 03/28/2007)

March 28, 2007

Case reassigned to Judge Catherine C. Blake. Judge Richard D Bennett no longer assigned to the case. (cag, Deputy Clerk) (Entered: 03/29/2007)

March 29, 2007
9

NOTICE of Appearance by Anne Elizabeth Langford on behalf of all plaintiffs (Langford, Anne) (Entered: 04/12/2007)

April 12, 2007
10

RESPONSE in Opposition re 5 MOTION for More Definite Statement filed by Giovanni (Henry) Montoya, Alexander Figueroa, Manuel Carrera, Ivan Aplicano.Replies due by 4/26/2007. (Attachments: # 1 Memorandum in Support of Opposition to Motion# 2 Text of Proposed Order)(Langford, Anne) (Entered: 04/12/2007)

April 12, 2007
11

Miscellaneous Correspondence setting a conference call to discuss attached proposed schedule. (Blake, Catherine) (Entered: 04/17/2007)

April 17, 2007
12

REPLY to Response to Motion re 5 MOTION for More Definite Statement Reply to Opposition to Motion for More Definite Statement filed by S.C.C.P. Painting Contractors, Inc., Giovanni Sulmonte. (Whittenberger, G) (Entered: 04/23/2007)

April 23, 2007
13

NOTICE of Appearance by Laura Elena Varela on behalf of all plaintiffs (Varela, Laura) (Entered: 04/26/2007)

April 26, 2007
14

ORDER denying 5 Motion of S.C.C.P. Painting Contractors, Inc., Giovanni Sulmonte for More Definite Statement. Signed by Judge Catherine C. Blake on 5/3/07. (jnl, Deputy Clerk) (Entered: 05/03/2007)

May 3, 2007
15

ANSWER to Complaint by S.C.C.P. Painting Contractors, Inc., Giovanni Sulmonte.(Whittenberger, G) (Entered: 05/14/2007)

May 14, 2007
16

NOTICE by S.C.C.P. Painting Contractors, Inc., Giovanni Sulmonte, Giovanni (Henry) Montoya, Alexander Figueroa, Manuel Carrera, Ivan Aplicano re 14 Order on Motion for More Definite Statement (Joint Proposed Schedule for Initial Discovery and for Filing of Class Certification Motion per Court's 5/3/07 Order (Langford, Anne) (Entered: 05/21/2007)

May 21, 2007
17

PAPERLESS ORDER APPROVING 16 Joint Proposed Schedule for Initial Discovery and for Filing of Class Certification Motion. Signed by Judge Catherine C. Blake on May 22, 2007. (Blake, Catherine) (Entered: 05/22/2007)

May 22, 2007
18

NOTICE of service of motion to compel discovery by Giovanni (Henry) Montoya, Alexander Figueroa, Manuel Carrera, Ivan Aplicano (Attachments: # 1 Motion to Compel# 2 Memorandum in Support of Motion to Compel# 3 Text of Proposed Order # 4 Exhibit 1)(Langford, Anne) (Entered: 08/06/2007)

Aug. 6, 2007
19

NOTICE of service of response to motion to compel discovery by S.C.C.P. Painting Contractors, Inc. (Attachments: # 1 # 2 # 3)(Whittenberger, G) (Entered: 08/20/2007)

Aug. 20, 2007
20

MOTION for Extension of Time by Giovanni (Henry) Montoya, Alexander Figueroa, Manuel Carrera, Ivan Aplicano. Responses due by 9/10/2007 (Attachments: # 1 Memorandum in Support of Motion# 2 Text of Proposed Order)(Langford, Anne) (Entered: 08/24/2007)

Aug. 24, 2007
22

NOTICE of service of reply to response to motion to compel discovery by Giovanni (Henry) Montoya, Alexander Figueroa, Manuel Carrera, Ivan Aplicano (Attachments: # 1 Reply to Response to Motion to Compel)(Langford, Anne) (Entered: 09/04/2007)

Sept. 4, 2007
23

Miscellaneous Correspondence to counsel regarding discovery. (Blake, Catherine) (Entered: 09/05/2007)

Sept. 5, 2007
24

NOTICE of service of response to motion to compel discovery by Giovanni (Henry) Montoya, Alexander Figueroa, Manuel Carrera, Ivan Aplicano (Attachments: # 1 Response to Motion to Compel# 2 Text of Proposed Order)(Langford, Anne) (Entered: 09/17/2007)

Sept. 17, 2007
25

ORDER REFERRING CASE to Magistrate Judge Susan K. Gauvey for discovery. Signed by Judge Catherine C. Blake on 9/20/07. (jnl, Deputy Clerk) (Entered: 09/20/2007)

Sept. 20, 2007
26

MOTION to Compel Discovery by Giovanni (Henry) Montoya, Alexander Figueroa, Manuel Carrera, Ivan Aplicano. Responses due by 10/15/2007 (Attachments: # 1 Certificate of Compliance with Rule 104.7)(Langford, Anne) (Entered: 09/28/2007)

Sept. 28, 2007
27

MEMORANDUM to counsel scheduling date for telephone hearing. Signed by Judge Susan K. Gauvey on 10/4/07. (jnl, Deputy Clerk) (Entered: 10/04/2007)

Oct. 4, 2007
28

ORDER granting 20 Motion of plaintiff for Extension of Time. Signed by Judge Catherine C. Blake on 10/4/07. (jnl, Deputy Clerk) (Entered: 10/04/2007)

Oct. 4, 2007
29

RESPONSE in Opposition re 26 MOTION to Compel Discovery filed by S.C.C.P. Painting Contractors, Inc..Replies due by 10/29/2007. (Whittenberger, G) (Entered: 10/15/2007)

Oct. 15, 2007
30

ORDER directing counsel to submit supplemental memoranda on the motion to compel by 10/24/07. Signed by Judge Susan K. Gauvey on 10/22/07. (jnl, Deputy Clerk) (Entered: 10/22/2007)

Oct. 22, 2007
31

Supplemental to Motion to Compel (Supplemental Brief in Support of Plaintiffs' Motion to Compel) . (Langford, Anne) (Entered: 10/24/2007)

Oct. 24, 2007
32

Supplemental to Memo in Support of its Motion to Compel Discovery (Pursuant to 10/22/07 Judge Gauvey Order) . (Whittenberger, G) (Entered: 10/24/2007)

Oct. 24, 2007
33

Local Rule 104.7 Certificate. (Whittenberger, G) (Entered: 10/24/2007)

Oct. 24, 2007
34

Local Rule 104.7 Statement (Revised). (Langford, Anne) (Entered: 10/24/2007)

Oct. 24, 2007

Telephone Motions Hearing held on 10/25/2007 held before Judge Susan K. Gauvey. (jnl, Deputy Clerk) (Entered: 10/26/2007)

Oct. 25, 2007
35

MOTION to Certify Class (FLSA Conditional Class Certification, Issuance of Notice, and for Certain Discovery) by Giovanni (Henry) Montoya, Alexander Figueroa, Manuel Carrera, Ivan Aplicano. Responses due by 12/27/2007 (Attachments: # 1 Memorandum in Support of Motion# 2 Text of Proposed Order # 3 Declaration of Laura E. Varela# 4 Exhibit A# 5 Exhibit B# 6 Exhibit C# 7 Exhibit D# 8 Exhibit E# 9 Exhibit F# 10 Exhibit G# 11 Exhibit H# 12 Exhibit I# 13 Exhibit J# 14 Exhibit K# 15 Exhibit L# 16 Exhibit M# 17 Exhibit N# 18 Exhibit O# 19 Exhibit P# 20 Exhibit Q# 21 Exhibit R# 22 Exhibit S# 23 Exhibit T# 24 Exhibit U)(Langford, Anne) (Entered: 12/10/2007)

Dec. 10, 2007
36

STIPULATION re 35 MOTION to Certify Class (FLSA Conditional Class Certification, Issuance of Notice, and for Certain Discovery) MOTION to Certify Class (FLSA Conditional Class Certification, Issuance of Notice, and for Certain Discovery) MOTION to Certify Class (FLSA Conditional Class Certification, Issuance of Notice, and for Certain Discovery) OF EXTENSION OF TIME TO RESPOND by S.C.C.P. Painting Contractors, Inc., Giovanni Sulmonte.

Dec. 21, 2007
38

ORDER granting in part and denying in part 26 Motion of plaintiffs to Compel discovery. Signed by Judge Susan K. Gauvey on 12/21/07. (jnl, Deputy Clerk) (Entered: 12/21/2007)

Dec. 21, 2007
39

MOTION to Amend/Correct 38 Order on Motion to Compel by Giovanni (Henry) Montoya, Alexander Figueroa, Manuel Carrera, Ivan Aplicano. Responses due by 1/14/2008 (Varela, Laura) (Entered: 12/27/2007)

Dec. 27, 2007
40

RESPONSE in Opposition re 35 MOTION to Certify Class (FLSA Conditional Class Certification, Issuance of Notice, and for Certain Discovery) filed by S.C.C.P. Painting Contractors, Inc., Giovanni Sulmonte. Replies due by 1/11/2008. (Attachments: # 1 Exhibit # 2 Exhibit # 3 Text of Proposed Order)(Whittenberger, G) Modified on 1/2/2008 (hml, Deputy Clerk). (Entered: 12/28/2007)

Dec. 28, 2007
41

PAPERLESS Correspondence to counsel: Please note the proper case number on all filings should be as follows: CCB−07−455. The initials RDB should not be used. This case was reassigned to Judge Blake in March 2007. Thank you. (Blake, Catherine) (Entered: 01/03/2008)

Jan. 3, 2008
42

PAPERLESS ORDER granting 39 Motion to Amend/Correct − Given that discovery is now limited to class certification issues, plaintiff is not required to answer interrogatory no. 7 at this time. Signed by Magistrate Judge Susan K. Gauvey on 1/4/08. (Gauvey, Susan) (Entered: 01/04/2008)

Jan. 4, 2008
43

AFFIDAVIT re 40 Response in Opposition to Motion, OF RENE AGUILERA by S.C.C.P. Painting Contractors, Inc., Giovanni Sulmonte. (Whittenberger, G) (Entered: 01/10/2008)

Jan. 10, 2008
44

Request for Hearing re 35 MOTION to Certify Class (FLSA Conditional Class Certification, Issuance of Notice, and for Certain Discovery) MOTION to Certify Class (FLSA Conditional Class Certification, Issuance of Notice, and for Certain Discovery) MOTION to Certify Class (FLSA Conditional Class Certification, Issuance of Notice, and for Certain Discovery) , 40 Response in Opposition to Motion,. (Whittenberger, G) (Entered: 01/11/2008)

Jan. 11, 2008
45

REPLY to Response to Motion re 35 MOTION to Certify Class (FLSA Conditional Class Certification, Issuance of Notice, and for Certain Discovery) MOTION to Certify Class (FLSA Conditional Class Certification, Issuance of Notice, and for Certain Discovery) MOTION to Certify Class (FLSA Conditional Class Certification, Issuance of Notice, and for Certain Discovery) filed by Giovanni (Henry) Montoya, Alexander Figueroa, Manuel Carrera, Ivan Aplicano. (Attachments: # 1 Exhibit 1 −− 30(b)(6) Deposition Transcript Excerpts, # 2 Exhibit 2 −− Employee Notice)(Langford, Anne) (Entered: 01/11/2008)

Jan. 11, 2008
46

COVER LETTER ORDER : attached is a Memorandum Opinion that is being filed and submitted for publishing today. Signed by Magistrate Judge Susan K. Gauvey on 1/14/08. (Attachments: # 1 Memorandum Opinion)(slf, Deputy Clerk) (Entered: 01/15/2008)

Jan. 15, 2008
47

NOTICE of Acceptance with Offer of Judgment by Giovanni (Henry) Montoya, Alexander Figueroa, Manuel Carrera, Ivan Aplicano (Attachments: # 1 Exhibit A −− Rule 68 Offer, # 2 Exhibit B −− Acceptance of Rule 68 Offer)(Langford, Anne) (Entered: 02/01/2008)

Feb. 1, 2008
48

Motion Hearing held on 2/7/2008 re 35 MOTION to Certify Class (FLSA Conditional Class Certification, Issuance of Notice filed by Ivan Aplicano, Manuel Carrera, Alexander Figueroa, Giovanni (Henry) Montoya; Oral argument of counsel; Case −"Held Sub−Curia"−, for reasons stated in open Court, held before Judge Catherine C. Blake. (Court Reporter G. Simpkins.) (rhl, Deputy Clerk) (Entered: 02/08/2008)

Feb. 7, 2008
49

ORDER REFERRING CASE to Magistrate Judge Charles B. Day for Settlement. Signed by Judge Catherine C. Blake on 2/20/08. (pkf, Deputy Clerk) (Entered:

Feb. 20, 2008
51

MEMORANDUM. Signed by Judge Catherine C. Blake on 2/26/08. (jnl, Deputy Clerk) (Entered: 02/26/2008)

Feb. 26, 2008
52

ORDER granting 35 Motion of plaintiffs for Conditional Class Certification; approving plaintiffs proposed Alternative Notice Plan; directing status report is due 3/21/08. Signed by Judge Catherine C. Blake on 2/26/08. (jnl, Deputy Clerk) (Entered: 02/26/2008)

Feb. 26, 2008
53

ORDER scheduling settlement conference. Signed by Magistrate Judge Charles B. Day on 3/3/08. (jnl, Deputy Clerk) (Entered: 03/03/2008)

March 3, 2008
54

(FILED IN ERROR) STIPULATION for Extension of Time by S.C.C.P. Painting Contractors, Inc., Giovanni Sulmonte. (Whittenberger, G) Modified on 3/14/2008 (jnl, Deputy Clerk). (Entered: 03/14/2008)

March 14, 2008
55

STATUS REPORT Regarding Alternative Notice Efforts by Giovanni (Henry) Montoya, Alexander Figueroa, Manuel Carrera, Ivan Aplicano. (Langford, Anne) (Entered: 03/21/2008)

March 21, 2008
56

STATUS REPORT by S.C.C.P. Painting Contractors, Inc., Giovanni Sulmonte. (Whittenberger, G) (Entered: 03/24/2008)

March 24, 2008
57

Correspondence re: rescheduling settlement conference. Reply required. (bab, Chambers) (Entered: 04/21/2008)

April 21, 2008
58

Correspondence confirming the rescheduled settlement conference. (bab, Chambers) (Entered: 04/22/2008)

April 22, 2008
59

MOTION for Order to Show Cause , for Extension of Opt−In Period, and for Other Related Relief by Giovanni (Henry) Montoya, Alexander Figueroa, Manuel Carrera, Ivan Aplicano Responses due by 5/12/2008 (Attachments: # 1 Memorandum in Support of Motion, # 2 Text of Proposed Order, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F, # 9 Exhibit G)(Langford, Anne) (Entered: 04/24/2008)

April 24, 2008
60

Local Rule 104.7 Certificate. (Attachments: # 1 Plaintiffs' Motion to Compel, # 2 Defendants' Opposition, # 3 Plaintiffs' Reply)(Langford, Anne) (Entered: 04/25/2008)

April 25, 2008
61

RESPONSE in Opposition re 59 MOTION for Order to Show Cause , for Extension of Opt−In Period, and for Other Related Relief filed by S.C.C.P. Painting Contractors, Inc.. Replies due by 5/22/2008. (Attachments: # 1 Text of Proposed Order)(Whittenberger, G) (Entered: 05/08/2008)

May 8, 2008
62

REPLY to Response to Motion re 59 MOTION for Order to Show Cause , for Extension of Opt−In Period, and for Other Related Relief filed by Giovanni (Henry) Montoya, Alexander Figueroa, Manuel Carrera, Ivan Aplicano. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Langford, Anne) (Entered: 05/15/2008)

May 15, 2008
63

Supplemental to 61 Response in Opposition to Motion, filed by S.C.C.P. Painting Contractors, Inc.. (Attachments: # 1 Exhibit)(Whittenberger, G) (Entered: 05/19/2008)

May 19, 2008
64

MOTION for Protective Order and To Quash Subpoena by S.C.C.P. Painting Contractors, Inc. Responses due by 6/9/2008 (Attachments: # 1 Exhibit, # 2 Text of Proposed Order)(Whittenberger, G) (Entered: 05/21/2008)

May 21, 2008
65

NOTICE by Giovanni (Henry) Montoya, Alexander Figueroa, Manuel Carrera, Ivan Aplicano (Attachments: # 1 FLSA Consent Forms)(Varela, Laura) (Entered: 05/27/2008)

May 27, 2008

Settlement Conference held on 5/28/2008 before Magistrate Judge Charles B. Day. (bab, Chambers) (Entered: 05/29/2008)

May 29, 2008
67

NOTICE by Giovanni (Henry) Montoya, Alexander Figueroa, Manuel Carrera, Ivan Aplicano (Attachments: # 1 FLSA Consent Form)(Varela, Laura) (Entered: 06/09/2008)

June 9, 2008
68

RESPONSE in Opposition re 64 MOTION for Protective Order and To Quash Subpoena filed by Giovanni (Henry) Montoya, Alexander Figueroa, Manuel Carrera, Ivan Aplicano. Replies due by 6/23/2008. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3)(Varela, Laura) (Entered: 06/09/2008)

June 9, 2008

Telephone Motions Conference held on 6/17/2008 held before Magistrate Judge Susan K. Gauvey. (jnl, Deputy Clerk) (Entered: 06/18/2008)

June 17, 2008
69

ORDER granting 60 Motion of plaintiffs to CompelDiscovery; denying 64 Motion of defendants for Protective Order and to quash subpoena. Signed by Magistrate Judge Susan K. Gauvey on 6/18/08. (jnl, Deputy Clerk) (Entered: 06/18/2008)

June 18, 2008
70

Correspondence re: scheduling settlement conference. Reply required. (bab, Chambers) (Entered: 06/27/2008)

June 27, 2008
71

Settlement Conference − setting (bab, Chambers) (Entered: 06/30/2008)

June 30, 2008
72

NOTICE by Giovanni (Henry) Montoya, Alexander Figueroa, Manuel Carrera, Ivan Aplicano (Attachments: # 1 FLSA Consent Form)(Varela, Laura) (Entered: 07/17/2008)

July 17, 2008

Settlement Conference held on 7/22/2008 before Magistrate Judge Charles B. Day. (bab, Chambers) (Entered: 07/22/2008)

July 22, 2008

Magistrate Judge Charles B. Day no longer assigned to case. (jnl, Deputy Clerk) (Entered: 07/22/2008)

July 22, 2008
73

Correspondence re: Status Report due 7/30/08 (Blake, Catherine) (Entered: 07/25/2008)

July 25, 2008
74

STATUS REPORT by S.C.C.P. Painting Contractors, Inc., Giovanni Sulmonte. (Whittenberger, G) (Entered: 07/30/2008)

July 30, 2008
75

STATUS REPORT by Giovanni (Henry) Montoya, Alexander Figueroa, Manuel Carrera, Ivan Aplicano. (Varela, Laura) (Entered: 07/30/2008)

July 30, 2008
76

MOTION to Amend/Correct 15 Answer to Complaint Responses due by 8/21/2008 (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(Whittenberger, G) (Entered: 08/04/2008)

Aug. 4, 2008
77

ORDER Setting Deadlines for filing Motion for Leave to File Amended Complaint and Summary Judgment. Signed by Judge Catherine C. Blake on 8/6/08(cag, Deputy Clerk) (Entered: 08/07/2008)

Aug. 6, 2008
78

MOTION for Leave to File by Giovanni (Henry) Montoya, Alexander Figueroa, Manuel Carrera, Ivan Aplicano Responses due by 8/28/2008 (Attachments: # 1 Text of Proposed Order, # 2 Exhibit A, # 3 Exhibit B)(Varela, Laura) (Entered: 08/11/2008)

Aug. 11, 2008
79

RESPONSE in Opposition re 76 MOTION to Amend/Correct 15 Answer to Complaint filed by Giovanni (Henry) Montoya, Alexander Figueroa, Manuel Carrera, Ivan Aplicano. Replies due by 9/4/2008. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Varela, Laura) (Entered: 08/21/2008)

Aug. 21, 2008
80

RESPONSE in Opposition re 78 MOTION for Leave to File Amended Summons and Complaint filed by S.C.C.P. Painting Contractors, Inc., Giovanni Sulmonte. Replies due by 9/11/2008. (Attachments: # 1 Text of Proposed Order)(Whittenberger, G) (Entered: 08/28/2008)

Aug. 28, 2008
81

MOTION for Partial Summary Judgment by Giovanni (Henry) Montoya, Alexander Figueroa, Manuel Carrera, Ivan Aplicano Responses due by 9/15/2008 (Attachments: # 1 Memorandum In Support, # 2 Text of Proposed Order, # 3 Exhibit 1, # 4 Exhibit 2, # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7, # 10 Exhibit 8, # 11 Exhibit 9, # 12 Exhibit 10, # 13 Exhibit 11)(Varela, Laura) (Entered: 08/29/2008)

Aug. 29, 2008
82

REPLY to Response to Motion re 76 MOTION to Amend/Correct 15 Answer to Complaint filed by S.C.C.P. Painting Contractors, Inc., Giovanni Sulmonte. (Attachments: # 1 Exhibit A)(Whittenberger, G) (Entered: 09/04/2008)

Sept. 4, 2008

Magistrate Judge Susan K. Gauvey no longer assigned to case. (jnl, Deputy Clerk) (Entered: 09/09/2008)

Sept. 9, 2008
83

REPLY to Response to Motion re 78 MOTION for Leave to File filed by Giovanni (Henry) Montoya, Alexander Figueroa, Manuel Carrera, Ivan Aplicano. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Varela, Laura) (Entered: 09/11/2008)

Sept. 11, 2008
84

STIPULATION re 81 MOTION for Partial Summary Judgment OF EXTENSION OF TIME by S.C.C.P. Painting Contractors, Inc., Giovanni Sulmonte. (Whittenberger, G) (Entered: 09/11/2008)

Sept. 11, 2008
85

PAPERLESS ORDER APPROVING 84 Stipulation until September 29, 2008 to respond to the Motion for partial summary judgment. Signed by Judge Catherine C. Blake on September 11, 2008. (Blake, Catherine) (Entered: 09/11/2008)

Sept. 11, 2008
86

STIPULATION re 81 MOTION for Partial Summary Judgment of Extension of Time by S.C.C.P. Painting Contractors, Inc., Giovanni Sulmonte. (Whittenberger, G) (Entered: 09/29/2008)

Sept. 29, 2008
87

PAPERLESS ORDER GRANTING 86 Stipulation for Extension of time until October 1, 2008 to respond. Signed by Judge Catherine C. Blake on September 30, 2008. (Blake, Catherine) (Entered: 09/30/2008)

Sept. 30, 2008
88

RESPONSE in Opposition re 81 MOTION for Partial Summary Judgment filed by S.C.C.P. Painting Contractors, Inc., Giovanni Sulmonte. Replies due by 10/15/2008. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Text of Proposed Order, # 5 Request for Hearing)(Whittenberger, G) (Entered: 10/01/2008)

Oct. 1, 2008
89

REPLY to Response to Motion re 81 MOTION for Partial Summary Judgment filed by Victor Samuel Rodas, Melvin Cifuentes, Gustavo Reyes, Elmo Mauricio Chavarria, Elmar Reyes, Giovanni (Henry) Montoya, Alexander Figueroa, Manuel Carrera, Ivan Aplicano. (Langford, Anne) (Entered: 10/10/2008)

Oct. 10, 2008
90

MEMORANDUM. Signed by Judge Catherine C. Blake on 12/16/08. (jnl, Deputy Clerk) (Entered: 12/16/2008)

Dec. 16, 2008
91

ORDER denying 76 Motion of defendants to Amend answer; granting 78 Motion of plaintiffs for Leave to File amended summons and complaint; granting 81 Motion of plaintiffs for Partial Summary Judgment; dismissing Giovanni Sulmonte from the case. Signed by Judge Catherine C. Blake on 12/16/08. (jnl, Deputy Clerk) (Entered: 12/16/2008)

Dec. 16, 2008
92

AMENDED COMPLAINT against Ascenzo Sulmonte, S.C.C.P. Painting Contractors, Inc., filed by Victor Samuel Rodas, Melvin Cifuentes, Gustavo Reyes, Elmo Mauricio Chavarria, Elmar Reyes, Giovanni (Henry) Montoya, Alexander Figueroa, Manuel Carrera, Ivan Aplicano. (Attachments: # 1 Redline Amended Complaint)(jnl, Deputy Clerk) (Entered: 12/16/2008)

Dec. 16, 2008
93

ANSWER to Complaint Amended Complaint by Ascenzo Sulmonte.(Whittenberger, G) (Entered: 12/23/2008)

Dec. 23, 2008
94

ANSWER to 92 Amended Complaint, by S.C.C.P. Painting Contractors, Inc..(Whittenberger, G) (Entered: 12/23/2008)

Dec. 23, 2008
95

Correspondence re: Proposed Schedule (Blake, Catherine) (Entered: 12/29/2008)

Dec. 29, 2008
96

STATUS REPORT (Regarding Court−Requested Jointly−Proposed Schedule) by S.C.C.P. Painting Contractors, Inc., Victor Samuel Rodas, Melvin Cifuentes, Gustavo Reyes, Elmo Mauricio Chavarria, Elmar Reyes, Ascenzo Sulmonte, Giovanni (Henry) Montoya, Alexander Figueroa, Manuel Carrera, Ivan Aplicano. (Attachments: # 1 Text of Proposed Order)(Langford, Anne) (Entered: 01/07/2009)

Jan. 7, 2009

State / Territory: Maryland

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: Feb. 21, 2007

Closing Date: March 19, 2009

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Employees of S.C.C.P Painting Contractors Inc. on behalf of "all individuals who are or have been employed by [S.C.C.P.] as non-exempt, hourly-paid employees for the three years immediately prior to the date of conditional certification."

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Washington Lawyers' Committee

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

S.C.C.P Painting Contractors Inc , Private Entity/Person

Case Details

Causes of Action:

Fair Labor Standards Act (FLSA), 29 U.S.C. §§ 201-219

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 200,000

Issues

General:

Staff (number, training, qualifications, wages)