Fitzsimmons v. Stewart et al, No. 2:2018cv00069 - Document 85 (D.N.M. 2020)

Court Description: FINAL JUDGMENT in favor of Plaintiff against Defendant Stewart Industries by District Judge Kenneth J. Gonzales. (tah)

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Fitzsimmons v. Stewart et al Doc. 85 Case 2:18-cv-00069-KG-GJF Document 85 Filed 07/14/20 Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO ___________ ANDREA FITZSIMMONS, Plaintiff, v. Civ. No. 18-69 KG/GJF THOMAS STEWART, and STEWART INDUSTRIES INTERNATIONAL ROSWELL LLC, Defendants. ____________________________________ ANDREA FITZSIMMONS, CONSOLIDATED WITH Plaintiff, v. Civ. No. 20-226 KG/GJF STEWART INDUSTRIES INTERNATIONAL ROSWELL LLC, Defendant. FINAL JUDGMENT IN FAVOR OF PLAINTIFF AND AGAINST DEFENDANT STEWART INDUSTRIES INTERNATIONAL ROSWELL LLC. THIS MATTER is before the Court on Plaintiff Andrea Fitzsimmons March 12, 2020 civil enforcement action pursuant to 29 C.F.R. § 1979.113 to enforce the Judgement issued by the Office of Administrative Law Judges, Judge Richard M. Clark, on January 9, 2020, in favor of Plaintiff and against Stewart Industries International Roswell, LLC. Plaintiff submitted Judge Clark’s January 9, 2020, final order with her March 12, 2020, civil enforcement action. The Court, having reviewed the final order of the ALJ, and finding that Defendant Stewart Industries International Roswell LLC. did not appeal the final order to the Tenth Circuit Court of Appeals 1 Dockets.Justia.com Case 2:18-cv-00069-KG-GJF Document 85 Filed 07/14/20 Page 2 of 2 under 29 C.F.R. § 1979.112(a) and finding that the actions of Stewart Industries International Roswell LLC. occurred in Roswell, New Mexico, enters Final Judgment against Stewart Industries International Roswell LLC. in compliance with Fed. R. Civ. P. 58. Wherefore; IT IS FURTHER ORDERED that the ALJ’s damages are awarded in favor of Plaintiff Andrea Fitzsimmons and against Defendant Stewart Industries International Roswell, LLC. in the sum of $204,306.17. ______________________________________ UNITED STATES DISTRICT JUDGE 2

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