Sets Trial Date for Gomez vs. Diamond Triumph Case
The U.S. District Court for the Southern District of Florida has
announced that a trial will be held during the month of April 2008
in West Palm Beach, Fla., in the suit filed by former employee Alex
Gomez against Diamond Triumph.
A specific date has not yet been set, but the April 2008 trial
calendar commences on April 7, and the case will be heard during
the four-week docket.
The counsel for both parties will meet on March 28 at the courthouse
at 2 p.m. for a calendar call to set the specific date.
In the complaint, Alex Gomez, who is represented by the Law Offices
of Freedland Farmer Russo Behren Sheller in Weston, Fla., alleges
that he and other similarly situated employees have frequently worked
in excess of forty hours per week for the Kingston, Pa.-based company
and were not paid "time and a half." The complaint is filed under
the Fair Labor Standards Act (FLSA). Gomez also alleges that in
his time employed in the receiving department at the company, he
frequently was required to work through lunch breaks and off the
clock and was not compensated as such.
The complaint claims that Diamond Triumph "negligently and good
faith knowingly, intentionally and/or in bad faith, failed to pay
them all overtime compensation in violation of the FLSA."
Gomez seeks compensatory damages for the unpaid overtime, liquidated
damages, attorney's fees and court costs.
Diamond Triumph, which is represented by Jackson Lewis LLP in Miami,
filed a response on October 17, denying all allegations made in
the initial complaint.
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for the full text of the trial announcement.
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