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Cordero v. Voltaire, LLC

2013 WL 6415667 (2013)

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Cordero v. Voltaire, LLC

United States District Court for the Western District of Texas

2013 WL 6415667 (2013)

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Facts

Carlos Cordero (plaintiff) was Vice President of Construction for Voltaire, LLC (defendant). Cordero approved the reported hours worked of several Voltaire laborers (plaintiffs). The plaintiffs sued Voltaire in the United States District Court for the Western District of Texas under the federal Fair Labor Standards Act (FLSA) for unpaid overtime wages. Voltaire filed counterclaims based on state law, alleging that the plaintiffs engaged in a fraudulent scheme to falsely report more hours than they actually worked. Voltaire also filed counterclaims for conversion and theft, alleging that the plaintiffs stole certain company equipment. The plaintiffs filed motions to dismiss the counterclaims on the ground that they were permissive counterclaims and lacked an independent ground of federal jurisdiction.

Rule of Law

Issue

Holding and Reasoning (Austin, J.)

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