Moore, et al. v. CITGO Refng. & Chem. Co., L.P., No. 12-41175 (5th Cir. 2013)Annotate this Case
Plaintiffs, console supervisors at a refinery, alleged that their employer, CITGO, misclassified them as exempt from the overtime payment requirements of the Fair Labor Standards Act (FLSA), 29 U.S.C. 201-219. The district court subsequently granted summary judgment for CITGO based on plaintiffs' inability to prove damages but reduced CITGO's award of taxable costs. Both parties appealed. The court affirmed the district court's discovery sanctions dismissing seventeen plaintiffs (the January Sanction); discovery sanctions dismissing four additional plaintiffs (the March Sanction); and dismissal of the three remaining plaintiffs after preventing them from testifying about damages. The court concluded, however, that it was not entirely evident whether the district court intended plaintiffs' limited resources to be an independent basis for the cost reduction or whether, instead, it was a dependent part of a comparative-wealth analysis. Accordingly, the court reversed the order reducing costs and rendered in favor of CITGO for $53,065.72.