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Civil Procedure Keyed to Yeazell
Cordero v. Voltaire, LLC
Citation:
2013 WL 6415667 (W.D. Tex. Dec. 6, 2013)Facts
Plaintiff Cordero was Vice President of Construction for Defendant. Plaintiff Cordero approved the reported hours worked of the other Plaintiffs. Plaintiffs sued Defendant in federal court under the federal Fair Labor Standards Act (FLSA) for unpaid overtime wages. In response, Defendant filed counterclaims, alleging that Plaintiffs could not recover under the FLSA, or that any recovery should be reduced because: 1) Plaintiffs had falsified and inflated the hours they allegedly worked and 2) Plaintiffs took valuable materials and equipment from it. Based upon the foregoing, Defendant asserted the affirmative defenses of statute of limitations, unclean hands, offset, good-faith and estoppel, as well as counterclaims for fraud, theft, conversion, and breach of fiduciary duty. Defendant also asserted a conspiracy counterclaim against three of the Plaintiffs. Plaintiffs filed motions to dismiss the counterclaims on the ground that they were permissive counterclaims and lacked an independent ground of federal jurisdiction.
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