University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Montoya v. SCCP Painting Contractors, Inc. IM-MD-0001
Docket / Court 1:07-cv-00455-CCB ( D. Md. )
State/Territory Maryland
Case Type(s) Immigration
Attorney Organization Washington Lawyers' Committee
Case Summary
On February 21, 2007, Plaintiffs, all of whom were employed by S.C.C.P Painting Contractors Inc., filed a class action lawsuit against S.C.C.P Contractors Inc. under the Fair Labor Standards Act, the Maryland Wage and Hour Law, the Maryland Wage Payment and Collection Law, the D.C. Minimum Wage Law, ... read more >
On February 21, 2007, Plaintiffs, all of whom were employed by S.C.C.P Painting Contractors Inc., filed a class action lawsuit against S.C.C.P Contractors Inc. under the Fair Labor Standards Act, 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. Plaintiffs alleged that their employer (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 sought injunctive and monetary relief in the form of reimbursement for all withheld and unpaid wages.

On December 16, 2008, the Court (Catherine C. Blake) 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.

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

This case is closed.

Gregory Pitt - 07/18/2012


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Issues and Causes of Action
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Issues
Immigration
Employment
Plaintiff Type
Private Plaintiff
Causes of Action Fair Labor Standards Act (FLSA), 29 U.S.C. ยงยง 201-219
Defendant(s) S.C.C.P Painting Contractors Inc
Plaintiff Description Employees of S.C.C.P Painting Contractors Inc.
Indexed Lawyer Organizations Washington Lawyers' Committee
Class action status sought Yes
Class action status granted Yes
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Damages
Source of Relief Settlement
Form of Settlement Court Approved Settlement or Consent Decree
Order Duration not on record
Case Closing Year 2009
Case Ongoing No
Additional Resources
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Case Studies Threats to the Future of the Immigration Class Action
Washington University Journal of Law and Policy
By: Jill E. Family (Widener University School of Law)
Citation: 27 Wash. U. J.L. & Pol'y 71 (2008)
[ Detail ] [ External Link ]

Docket(s)
07-cv-00455-CCB (D. Md.) 12/01/2010
IM-MD-0001-9000 PDF | Detail
PACER [Public Access to Court Electronic Records]
General Documents
Complaint 02/22/2007
IM-MD-0001-0001 PDF | Detail
Order for a more Definite Statement 04/23/2007 (D. Md.)
IM-MD-0001-0002 PDF | Detail
Answer to Complaint 05/14/2007
IM-MD-0001-0003 PDF | Detail
ORDER (Granting Plaintiff's Motion for Conditional Class Certification) 02/26/2008 (2008 WL 554114) (D. Md.)
IM-MD-0001-0004 PDF | WESTLAW | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Memorandum 12/16/2008 (589 F.Supp.2d 569) (D. Md.)
IM-MD-0001-0007 PDF | WESTLAW| LEXIS | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Consent Decree 03/19/2009 (D. Md.)
IM-MD-0001-0006 PDF | Detail
Document Source: PACER [Public Access to Court Electronic Records]
Judges Blake, Catherine C. (D. Md.) [Magistrate]
IM-MD-0001-0004 | IM-MD-0001-0006 | IM-MD-0001-0007
Monitors/Masters None on record
Plaintiff's Lawyers Cynamon, David J. (District of Columbia)
IM-MD-0001-0001 | IM-MD-0001-9000
Huhta, Susan E. (District of Columbia)
IM-MD-0001-0001 | IM-MD-0001-9000
Langford, Elizabeth Anne (District of Columbia)
IM-MD-0001-0001 | IM-MD-0001-9000
Varela, Laura Elena (District of Columbia)
IM-MD-0001-0001 | IM-MD-0001-9000
Defendant's Lawyers Whittenberger, G. Randall (Maryland)
IM-MD-0001-0002 | IM-MD-0001-0003 | IM-MD-0001-9000
Other Lawyers None on record

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