Pearson v. Colt Oilfield Services, LLC et al

Western District of Texas, txwd-5:2018-cv-01029

ORDER DISMISSING CASE, Francisco Rodriguez, Roy E Aguilar and Colt Oilfield Services, LLC terminated. Signed by Chief Judge Orlando L. Garcia.

Interested in this case?

Current View

Full Text

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION FILED DEC 0 4 2019 CLERK, U.S. DSTRCT COURT DOUGLAS PEARSON and JAMES WESTERN ADKINS, individually and on behalf of all others similarly situated under IDE TY CLERK 29 U.S.C. § 2 16(b) Plaintiffs CIVIL NO. SA-18-CA-1029-OLG V. COLT OILFIELD SERVICES, LLC and ROY E. (EDDIE) AGUILAR Defendants DISMISSAL ORDER The Court has approved the settlement between defendants/employer and all named and opt-in plaintiffs except Francisco Rodriguez. See docket nos. 47-50. As the record reflects, defendants' former employee named Francisco Rodriguez cannot be located. The person that purported to opt in is Frank Rodriguez III, whose personal identifiers do not match the payroll information for former employee Francisco Rodriguez. Moreover, none of the employer's records reflect that Frank Rodriguez III worked for Colt from 2017 to the present. Thus, Frank Rodriguez III is not an eligible class member in this FLSA collection action, does not meet the requirements for opt in status, and has been disqualified as a participant in the settlement. On November 13, 2019, the Court ordered Frank Rodriguez III, who purported to opt in as Francisco Rodriguez, to show cause why his claim should not be dismissed. Docket no. 51. The deadline for responding to the Court's show cause order has expired without any response or explanation. Thus, the Court finds that any and all putative claims of Frank Rodriguez III, who purported to opt in as Francisco Rodriguez, are DISMISSED. All other claims between the parties have been resolved and this case may be closed. It is so ORDERED this 'day of December, 2019. ORLANDO L. GARCIA CHIEF U.S. DISTRICT JUDGE