Saldana v. Mission Drywall, Inc. et al

Western District of Texas, txwd-5:2018-cv-01060

Joint MOTION to Dismiss by David Ernst, Mission Drywall, Inc, Bob Mutz. Motions referred to Judge Richard B. Farrer.

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION MICHAEL SALDANA, Individually and § on Behalf of All Others Similarly Situated, § § Plaintiffs, § v. § § Civil Action No. 5:18-cv-01060-FB MISSION DRYWALL, INC., BOB § MUTZ, AND DAVID ERNST, § § Defendants. § JOINT MOTION TO DISMISS Plaintiffs Michael Saldana, Lorena Contreras, Jesus S. Ovalle, and Christian Santana, and Defendants Mission Drywall, Inc., David Ernst, and Bob Mutz file this Joint Motion to Dismiss and show the following: This is an action for unpaid overtime under the Fair Labor Standards Act. Plaintiff Saldana and three workers who worked with him—Lorena Contreras, Jesus S. Ovalle, and Christian Santana—filed this action claiming that they were improperly classified as independent contractors. Defendants contend that Plaintiffs were properly classified as independent contractors. Defendants asserted various other defenses as well. The parties mediated this case under the Fair Labor Standards Act on September 24, 2019, in San Antonio, Texas, with experienced wage and hour mediator, Greg Bourgeois, and reached an amicable resolution acceptable to all of the parties. This settlement fairly compensates the Plaintiffs for the damages they are seeking. The parties are prepared to submit the confidential settlement agreement under seal in the event that the Court wishes to review it. A proposed order dismissing this case with prejudice is attached hereto as Exhibit 1. Page 1 of 3 The parties respectfully request that the Court dismiss this case with prejudice and that no other relief be granted to the parties. Respectfully submitted, /S/ MICHAEL V. GALO, JR. Michael V. Galo, Jr. State Bar No. 00790734 GALO LAW FIRM, P.C. 4230 Gardendale, Bldg. 401 San Antonio, Texas 78229 Telephone: 210.616.9800 Facsimile: 210.616.9898 Email: mgalo@galolaw.com ATTORNEY FOR DEFENDANTS MISSION DRYWALL AND DAVID ERNST /S/ CLIF ALEXANDER Clif Alexander State Bar No. 24064805 Lauren E. Braddy State Bar No. 24071993 Alan Clifton Gordon State Bar No. 00793838 Carter Hastings State Bar No. 24101879 Anderson Alexander, PLLC 819 Upper Broadway Corpus Christi, Texas 78401 Telephone: 361.454.1279 Email: clif@a2xlaw.com Email: lauren@a2xlaw.com Email: cgordon@a2xlaw.com Email: carter@a2xlaw.com ATTORNEYS FOR PLAINTIFFS /S/ DAVID M. EVANS David M. Evans State Bar No. 24032163 ATTORNEY & COUNSELOR AT LAW 750 East Mulberry, Suite 407 San Antonio, Texas 78212 Telephone: 210.880.4606 Facsimile: 210.800.9876 Email: david@dmeacl.com ATTORNEY FOR DEFENDANT BOB MUTZ Page 2 of 3 CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing document has been served on counsel for Plaintiffs and Defendant Bob Mutz on this 27th day of September, 2019, as follows: Mr. Clif Alexander Ms. Lauren E. Braddy Mr. Alan Clifton Gordon Mr. Carter T. Hastings ANDERSON ALEXANDER, PLLC 819 N. Upper Broadway Corpus Christi, Texas 78401 via Electronic Filing System David M. Evans ATTORNEY & COUNSELOR AT LAW 750 East Mulberry, Suite 407 San Antonio, Texas 78212 via Electronic Filing System /S/ MICHAEL V. GALO, JR. Michael V. Galo, Jr. Page 3 of 3