Ruiz et al v. Spallitta et al
Plaintiff: Erick Gomez and Anabel Ruiz
Defendant: All-American and Associates, Penta Building Group, Inc. and Jim Spallitta
Case Number: 2:2010cv01312
Filed: August 4, 2010
Court: US District Court for the District of Nevada
Office: Las Vegas Office
Presiding Judge: Lawrence R. Leavitt
Presiding Judge: Gloria M. Navarro
Nature of Suit: Labor: Fair Standards
Cause of Action: 15 U.S.C. ยง 2 (a) Fair Labor Standards Act
Jury Demanded By: Plaintiff

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
September 30, 2014 Opinion or Order Filing 146 ORDER that all remaining claims in this action are DISMISSED with prejudice. Signed by Judge Jennifer A. Dorsey on 9/30/2014. (Copies have been distributed pursuant to the NEF - SLR)
September 5, 2014 Opinion or Order Filing 141 ORDER Denying 136 Motion for Attorney Fees. Granting in Part and Denying in Part 135 Bill of Costs. Judgment is hereby entered in favor of APCO and against Plaintiffs in the amount of $19.60. Status Report due by 9/15/2014. Signed by Judge Jennifer A. Dorsey on 9/5/2014. (Copies have been distributed pursuant to the NEF - SLR)
June 17, 2014 Opinion or Order Filing 133 ORDER Granting 128 Motion to Strike 127 Supplemental Brief. Granting in part 108 Motion for Summary Judgment. Judgment is entered in APCOs favor on Plaintiffs Counts 1 & 2 (the FLSA claims). The motion for summary judgment is denied as moot on all state-law claims. Signed by Judge Jennifer A. Dorsey on 6/17/2014. (Copies have been distributed pursuant to the NEF - SLR)
September 28, 2012 Opinion or Order Filing 105 ORDER Denying 73 Motion for Summary Judgment and Denying without Prejudice 86 Motion for Summary Judgment. Signed by Judge Gloria M. Navarro on 9/28/12. (Copies have been distributed pursuant to the NEF - ASB)
June 18, 2012 Opinion or Order Filing 101 ORDER Accepting 98 Report and Recommendation. Defendant All-American Painting, Wallcovering & Drywall, LLC's Answer 46 is hereby STRICKEN, and the Clerk is directed to enter default against Defendant All-American Painting, Wallcovering & Drywall, LLC based on Defendant's failure to comply with this Court's Order 91 to retain counsel. Signed by Judge Gloria M. Navarro on 6/18/12. (Copies have been distributed pursuant to the NEF - MMM)
April 6, 2012 Opinion or Order Filing 91 ORDER Granting 84 Motion to Withdraw as Attorney. Charles M. Damus withdrawn from the case as to Jim Spallitta, Donna Spallitta, and All American Painting, Wall-Covering & Drywall, LLC. IT IS FURTHER ORDERED that All American Painting, Wall-Cove ring & Drywall, LLC shall have until May 4, 2012, to retain new counsel if it intends to continue to litigate this matter. A corporation may appear in federal court only through licensed counsel. Signed by Magistrate Judge George Foley, Jr on 4/6/12. (Copies have been distributed pursuant to the NEF - ASB)
March 6, 2012 Opinion or Order Filing 80 ORDER Granting 54 Plaintiffs' Motion for Collective Action Certification. IT IS FURTHER ORDERED that this action is conditionally certified as a representative collective action. IT IS FURTHER ORDERED that Plaintiffs are authorized to dissem inate a notice to the prospective collective action class, pending Court's approval of the form of notice. IT IS FURTHER ORDERED that the statute of limitations shall be equitably tolled from 8/4/10 through the date 120 days after notice is mai led. IT IS FURTHER ORDERED that the remainder of Plaintiffs motion regarding notice dissemination, approval of the form of the proposed notice (Ex. G to Motion for Collective Action Certification, ECF No. 54-7) and scheduling is referred to Magistrate Judge George W. Foley. Signed by Judge Gloria M. Navarro on 3/6/12. (Copies have been distributed pursuant to the NEF - EDS)
January 3, 2012 Opinion or Order Filing 66 ORDER re 63 Memorandum for Attorneys Fees. Defendants Donnita Spallitta and All-American to pay Plaintiffs the total sum of $3,878.00 by 1/18/2012. Signed by Magistrate Judge George Foley, Jr on 1/3/12. (Copies have been distributed pursuant to the NEF - EDS)
November 22, 2011 Opinion or Order Filing 61 ORDER Granting 57 Motion to Compel. Motion Hearings set for 12/1/2011 is vacated. Signed by Magistrate Judge George Foley, Jr on 11/22/11. (Copies have been distributed pursuant to the NEF - ASB)
January 19, 2011 Opinion or Order Filing 22 ORDER Denying 19 Motion to Dismiss without prejudice and Granting 20 Motion to Amend/Correct Complaint. Plaintiffs are directed to serve the First Amended Complaint on the newly added Defendants and to file a Certificate of Service with the Court. Signed by Judge Gloria M. Navarro on 1/19/11. (Copies have been distributed pursuant to the NEF - ASB)
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Defendant: All-American and Associates
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Defendant: Penta Building Group, Inc.
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Defendant: Jim Spallitta
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Plaintiff: Erick Gomez
Represented By: Rachel Wilson
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Plaintiff: Anabel Ruiz
Represented By: Rachel Wilson
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