6 results for 'judge:"Fouratt"'.
J. Fouratt grants, in part, the consumer's motion to compel, ruling that because the telemarketing company failed to provide a representative who had knowledge of the topics outlined in the deposition, he will be allowed to conduct a second, limited deposition of another employee who has knowledge of the relevant topics.
Court: USDC New Mexico, Judge: Fouratt, Filed On: March 1, 2024, Case #: 2:22cv360, NOS: Telephone Consumer Protection Act (TCPA) - Other Suits, Categories: Civil Procedure, Consumer Law, Discovery
J. Fouratt grants the employees' motion for conditional class certification in a labor case, ruling that while the employer is based in Texas, this court has jurisdiction over the case because the claims presented in the complaint deal exclusively with its contracts governing New Mexico-based employees and will not include individuals who worked in Texas.
Court: USDC New Mexico, Judge: Fouratt, Filed On: January 2, 2024, Case #: 2:22cv252, NOS: Fair Labor Standards Act - Labor, Categories: Jurisdiction, Class Action, Labor
J. Fouratt denies the doctor and his corporation's motion to dismiss, ruling the former employee's piercing the corporate veil claim is not barred by issue preclusion. The state court action for damages related to sexual harassment did not deal with the merits of the claims, but instead dismissed them on jurisdictional grounds after a judgment had been entered in the employee's favor.
Court: USDC New Mexico, Judge: Fouratt, Filed On: December 14, 2023, Case #: 2:23cv378, NOS: Other Fraud - Torts - Personal Property, Categories: Civil Procedure, Corporations, Fraud
J. Fouratt grants the employees' motion for conditional class certification, ruling evidence indicating more than 200 individuals worked more than 40 hours per week without overtime pay satisfies typicality requirements, while modest differences between job duties among the prospective class does not prevent the use of a class action to settle the disputes collectively.
Court: USDC New Mexico, Judge: Fouratt, Filed On: November 22, 2023, Case #: 2:22cv579, NOS: Fair Labor Standards Act - Labor, Categories: Health Care, Class Action, Labor
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J. Fouratt denies an aviation company’s motion to compel testimony of two U.S. Department of Interior employees after determining it “lacks authority” to do so under current 10th Circuit precedent. While the aviation company argued DOI could testify regarding “demand for aircraft for the 2022 fire season” and other information relevant to the company’s claim that its insurer caused the company “substantial losses” by not promptly reassembling aircraft, both the company and this court lack clear authority to compel testimony of federal government non-parties.
Court: USDC New Mexico, Judge: Fouratt, Filed On: August 3, 2023, Case #: 2:22cv476, NOS: Other Contract - Contract, Categories: Government, Insurance, Immunity