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Indiana Lawyer Search - Listings for Christoff Catherine S Atty


 
Name: Christoff Catherine S Atty
Address: 4514 W Hamilton Rd S Fort Wayne, IN 46814
Phone Number: 260-625-4577
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PACHECO v. WHITING FARMS INC. FILED United States Court of Appeals 1000 Tenth Circuit APR 30 2004 PATRICK FISHER Clerk PUBLISH UNITED STATES COURT OF APPEALS TENTH CIRCUIT VERONICA PACHECO, Plaintiff-Appellant, v. No. 03-1170 WHITING FARMS, INC.; THOMAS WHITING, individually; and N. LYLE JOHNSTON, individually, Defendants-Appellees. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO (D.C. No. 01-RB-851 (CBS)) Submitted on the briefs:(1) Patricia L. Medige, Colorado Legal Services, Denver, Colorado, for Plaintiff-Appellant. Sam D. Starritt and Michael C. Santo, Dufford, Waldeck, Milburn & Krohn, LLP, Grand Junction, Colorado, for Defendants-Appellees. Before SEYMOUR, BALDOCK, and LUCERO, Circuit Judges. (1) After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed. R. App. P. 34(a)(2); 10th Cir. R. 34.1(G). The case therefore is ordered submitted without oral argument. BALDOCK, Circuit Judge. Plaintiff Veronica Pacheco sued Defendants Whiting Farms Inc. and its controlling owners alleging they failed to pay her overtime wages and terminated her employment in violation of the Fair Labor Standards Act (FLSA), 29 U.S.C.  201-219. FLSA generally requires employers to pay their employees one and one-half times the employee's regular rate of pay (overtime) for each hour worked in excess of forty hours during any given week. 29 U.S.C.  207(a)(1). FLSA's overtime wage requirements do not apply, however, "with respect to . . . any employee employed in agriculture[.]" Id.  213(b)(12). FLSA also prohibits retaliation against an employee because she engaged in protected activity under the Act. Id.  215(a)(3). The parties filed cross-motions for summary judgment. The district court granted Defendants' motion for summary judgment, holding Defendants were not required to pay Plaintiff overtime wages under FLSA's "agricultural...




ARRIAGA v FL PACIFIC FARMS, U.S. 11th Circuit Court of AppealsARRIAGA 1000 v FL PACIFIC FARMS [PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT _ No. 01-16402 _ D. C. Docket No. 99-01760-CV-T-30 JORGE E. ARRIAGA, ROSALIO HARO-SANCHEZ, MOISES OCHOA-ROSALES, RAYMUNDO VASQUEZ, LUCIO BARTOLO-HUERTA, OSCAR BRAVO-MOYA, INOCENIO GERONIMO-MAGANA, ADOLFO GREGORIO, SANTIAGO JARAMILLA-GOMEZ, ALFONSO LUNA-MARTINEZ, JORGE NIETO-JASSO, DANIEL MOLINA-GREGORIO, GILBERTO PEREZ-FLORES, JOSE LUIS SOLIS-CAMACHO, JUAN FRANCISCO BALDERAS-SEPULVEDA, FRANCISCO SEPULVEDA, Plaintiffs-Appellants versus FLORIDA PACIFIC FARMS, L.L.C., SLEEPY CREEK FARMS, INC., Defendants-Appellees. _ Appeal from the United States District Court for the Middle District of Florida _ (September 11, 2002) Before DUBINA, BARKETT and KRAVITCH, Circuit Judges. KRAVITCH, Circuit Judge: The plaintiffs-appellants are migrant farm workers from Mexico (the "Farmworkers") employed by the defendants-appellees Florida Pacific Farms, L.L.C. and Sleepy Creek Farms, Inc. (the "Growers") during the 1998-1999 strawberry and raspberry seasons. The Farmworkers sued the Growers, alleging a failure by the Growers to comply with the minimum wage provisions of the Fair Labor Standards Act ("FLSA"), 29 U.S.C. §§ 203(m) & 206(a), and the terms of the work contracts. Specifically, the FLSA claim asserted that the Growers' failure to reimburse the Farmworkers' travel, visa, and recruitment costs at the end of the first workweek pushed their first week's wages below the minimum wage. The contract claim contended that the Growers violated the work contract by not reimbursing the Farmworkers for the cost of transportation to and from their home villages to the Mexican point of hire. The parties filed cross motions for summary judgment, which were based upon an agreed statement of undisputed facts. The district court granted the Growers' motion and de...




USCA10 Opinion 04-8084.wpd FILED United States Court of Appeals Tenth Circuit August 16, 2005 PATRICK FISHER Clerk PUBLISH UNITED STATES COURT OF APPEALS TENTH CIRCUIT RUDY STANKO, individually and on behalf of similarly situated cattle traders, Plaintiff - Appellant, No. 04-8084 v. JIM MAHAR, individually and in his official capacity, Defendant - Appellee. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF WYOMING (D.C. No. 04-CV-03-B) Submitted on the briefs: Rudy Stanko, Gordon, Nebraska, Plaintiff-Appellant, Pro se. Patrick J. Crank, Attorney General, John W. Renneisen, Deputy Attorney General, Misha Westby, Senior Assistant Attorney General, David L. Delicath, Assistant Attorney General, Office of the Attorney General, Cheyenne, Wyoming for Defendant-Appellee. Before LUCERO, McKAY, and ANDERSON, Circuit Judges. McKAY, Circuit Judge. Plaintiff Rudy Stanko, proceeding pro se, appeals from the district court's order granting summary judgment to defendant Jim Maher(1) on Mr. Stanko's complaint alleging violations of his constitutional rights.(2) We affirm the entry of summary judgment in favor of Mr. Maher.(3) FACTS Mr. Stanko is a resident of Gordon, Nebraska who operates as a stock owner and drover in Fremont, Natrona, and Teton Counties, Wyoming. Mr. Maher is a brand inspector employed by the State of Wyoming Livestock Board (Board). (1) The case caption spells Mr. Maher's name "Mahar" but it appears that the correct spelling is "Maher." (2) Mr. Stanko's complaint recites that it is brought pursuant to Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971). Bivens creates a remedy for violations of constitutional rights committed by federal officials acting in their individual capacities. Mr. Maher is a state brand inspector. Therefore, this action arises, if at all, pursuant to 42 U.S.C. 1983 rather than Bivens. (3) After examining the briefs and appellate record, this panel has determined unanimous...




 
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