Free Notice (Other) - District Court of Colorado - Colorado

Case 1:04-cv-00455-PAC-GJR

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO Civil Action No. 04-CV-00455-PAC-GJR Elaine L. Chao, Secretary of Labor, Plaintiff, v. Colorado Security Professionals, Inc. and Ronald L. Smith, individually. Defendant(s).

CONSENT JUDGMENT

Plaintiff, ELAINE L. CHAO, Secretary of Labor, United States Department of Labor, ("Plaintiff") having filed her Complaint and Defendants COLORADO SECURITY PROFESSIONALS, INC. and RONALD L. SMITH having appeared by counsel and having been duly advised in the premises, and without admitting any allegation contained in Plaintiff's Complaint, agree to the entry of this judgment; now, therefore, upon motion of attorneys for Plaintiff, and for cause shown, it is hereby: ORDERED, ADJUDGED, AND DECREED, pursuant to section 17 of the Fair Labor Standards Act of 1938, as Amended (29 U.S.C. § 201 et seq.)(hereinafter "the Act"), that Defendants COLORADO SECURITY PROFESSIONALS, INC. and RONALD L. SMITH, their officers, agents, servants, employees, and all persons in active concert or participation with them be, and are hereby, permanently enjoined and restrained from violating the provisions of the Act in any of the following manners:

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I Defendants COLORADO SECURITY PROFESSIONALS, INC. and RONALD L. SMITH shall not, contrary to sections 7 and 15(a)(2) of the Act, employ any of their employees who in any workweek are engaged in commerce or the production of goods for commerce, or who are employed in an enterprise engaged in commerce or in the production of goods for commerce, within the meaning of the Act, for workweeks longer than 40 hours, unless such employee receives compensation for his employment in excess of 40 hours at a rate not less than one and one-half times the regular rates at which he is employed. II Defendants COLORADO SECURITY PROFESSIONALS, INC. and RONALD L. SMITH shall not fail to make, keep and preserve records of their employees and of the wages, hours, and other conditions and practices of employment maintained by them as prescribed by the regulations issued, and from time to time amended, pursuant to section 11(c) of the Act and found at 29 C.F.R. § 516. III Defendants COLORADO SECURITY PROFESSIONALS, INC. and RONALD L. SMITH shall not withhold payment of the total sum of $36,309.68, which represents the unpaid overtime compensation hereby found to be due for the period from March 1, 2002 through June 1, 2005 to the present and former employees listed below, in the amounts stated for each employee:

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Name Asgajanian, Garrett Alarid, Anthony Aleman, Samuel Anderson, Cindy Archuleta, Andrew Archuleta, Pearl Arterburn, Robert Barrett, Johnathan Blaney, Patricia Boe, Robert Brayton, Thomas Brandhorst, Robert Brown, Jeanine Buniger, Clint Casteel, Garyd Castillo, Gloria Caudell, Richard Cheal, Kyle Chesney, George Clark, Jr., Charles Coomer, Benjamin Connor, Allison Connor, Michael Coon, Cindy Crider, Thomas Gerald, Cruz Cummings, Francis Davis, Randall Decker, James DeWitt, William Donley, Joshua Duncan-Shephard, Suzanne Duran, Jr., Anastacio Eggers, Rebecca Ellis, John Exner, Charles Featheringill, Scott Ferrarini, Archie Sr Garner, Richard Sr George, Sarah Gibson, Steven

Gross Wages Due $228.00 $31.50 $15.19 $19.50 $500.62 $261.56 $2.44 $182.25 $19.50 $66.63 $94.26 $33.75 $92.63 $1,178.44 $23.63 $317.70 $63.29 $151.13 $10.50 $526.89 $253.50 $5.25 $16.88 $112.13 $326.63 $1,355.28 $138.13 $31.50 $273.00 $18.38 $92.63 $445.50 $13.13 $73.13 $2.72 $12.66 $96.19 $282.88 $41.25 $15.19 $81.38

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Giles, Vernon Green, Vaughn Grubbs, Thomas Gulliford, Tommy Hakes, William Halstad, Matthew Hamilton, Adam Harrison, Annie Hart, Brad Helwick, Phillip Henderson, Stephanie Hoffpauir, Jr., Robert Holler, O.J. Hopkins, Rick Horn, Jess Horton, John Howard, Steve Huseman, Joseph Jansen, Justin Johnson, Jeremiah Juarez, Richard Karr, Jeremy Katzenberger, Francis Kelchner, John Kenney, Michael Kibel, Scotty Knavel, Kent Knox, Chad Kralicek, Rickey Lee, Dennis Logsdon, Thomas Lovato, Rick Magel, Bob Massey, Steve McNair, Tye Miller, Brandon Miller, Christy Miller, Robert Messersmith, Van Miller, Stephen Montano, Monty Murphy, Kevin Ness, Chris Olson, Melvin Osborn, Eldon Palmquist, Jon

$24.38 $20.13 $203.13 $114.56 $67.60 $29.70 $97.50 $61.75 $14.06 $345.94 $15.00 $24.38 $489.13 $1,576.13 $787.50 $16.31 $981.00 $196.88 $141.38 $154.03 $52.00 $238.88 $241.50 $19.50 $15.44 $70.88 $3.25 $572.03 $2,151.01 $97.50 $569.00 $43.88 $25.31 $36.56 $43.88 $216.56 $5.06 $43.88 $24.38 $10.13 $117.00 $203.13 $63.38 $1,792.00 $29.06 $84.28

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Parsons, Gail Peterson, Brian Peterson, Howard Phillips, Vernon Pierson, Patrick Powers, Jack Rebel, Jeff Remage, Ken Rice, Jerry Roberts, Robert Rogers, James Jr Rogers, Donald Salvador, Craig Sanders, Eugene Sawatzky, John Scarbrough, Scott Schmock, George Schumacher, Helmut Sheley, Patrick Simpson, John Smith, Richard Spencer, David Stock, Matt Storey, Duane Stough, Wayne Teeters, Charles Terry, Arron Thares, Gregory Trackler, William Underwood, Kevin Verdugo, David Veststman, John VonEhrenkrook, Dusty Walters, James Wade, James Way, Robert Wells, Jeff Wells, Lewis Williams, Tony Sr Woody, Shril Total

$182.00 $151.13 $220.50 $5.44 $48.75 $19.50 $693.56 $10.50 $1,298.00 $121.88 $26.00 $2,136.11 $2.63 $53.63 $1,283.00 $37.38 $24.47 $213.47 $146.25 $117.00 $87.19 $413.00 $7.59 $78.84 $1,297.16 $17.88 $1,271.38 $297.00 $854.44 $25.31 $566.25 $18.38 $226.69 $1,230.32 $8.44 $73.13 $30.88 $4.88 $1,405.00 $1,968.00 $36,309.68

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IV The provisions of paragraphs III of this Judgment shall be deemed satisfied upon Defendants COLORADO SECURITY PROFESSIONALS, INC. and RONALD L. SMITH delivering to Plaintiff's representative, within 15 days of entry of this Consent Judgment, the following: A. A schedule showing the name, last-known address, social security number,

gross amount of wages due, amounts deducted from gross wages for employees' share of social security and withholding taxes, and the net amount, for each employee named in Paragraph III. Defendants COLORADO SECURITY PROFESSIONALS, INC. and RONALD L. SMITH shall pay said deductions to the appropriate State and Federal revenue authorities. B. Separate checks for each employee named in Paragraph III made payable

to the order of the employee or the "Wage and Hour Div., Labor" as alternative payees (e.g., "PAY TO THE ORDER OF JANE DOE or the WAGE AND HOUR DIV., LABOR") and equal to the net amount due to each such employee after deducting the amount of legal deductions from the gross amount of wages, as listed on the schedule in Paragraph III. V Plaintiff shall distribute the proceeds of the checks referred to in paragraph IV above to the persons named in paragraph III above, and any money not so paid within a period of one year from the date of receipt thereof, because of inability to locate the proper persons or because of their refusal to accept it, shall be deposited with the Clerk of

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the Court, who shall forthwith deposit such money with the Treasurer of the United States pursuant to 28 U.S.C. § 2041. FURTHER, it is agreed by the parties herein and hereby ORDERED that the parties bear their own attorney fees and other litigation expenses incurred by such party in connection with any stage of this proceeding to date, including, but not limited to, any and all costs referenced under the Equal Access to Justice Act, as amended. Dated , 2005 _______________________ U. S. MAGISTRATE JUDGE

Defendants hereby consent to the entry of this judgment this ____ day of ________________, 2005.

COLORADO SECURITY PROFESSIONALS, INC., a Colorado corporation By: s/ Ronald L. Smith Its President

HOWARD M. RADZELY Solicitor of Labor MICHAEL STABLER Regional Solicitor ANN M. NOBLE Associate Regional Solicitor

RONALD L. SMITH, individually

By:

s/ Ronald L. Smith

s/ JOHN RAINWATER Attorney Office of the Solicitor

Approved as to form by: U.S. Department of Labor 1999 Broadway, Suite 1600 Denver, Colorado 80201 Telephone: 303-844-1388 Attorneys for Plaintiff

s/ David Dodero Attorney for Defendants

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CERTIFICATE OF SERVICE I hereby certify that on October 5, 2005, I electronically filed the foregoing with the Clerk of the Court using the CM/ECF system which will send notification of such filing to the following email addresses: [email protected] s/ John Rainwater United States Department of Labor Office of the Solicitor 1999 Broadway, Suite 1600 P.O. Box 46550 Denver, Colorado 80201-6550 303-844-1388 303-844-1753 (FAX) [email protected]

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