Lambert et al v. City of Houston, No. 4:2007cv02480 - Document 58 (S.D. Tex. 2010)
Court Description: OPINION on Summary Judgment.(Signed by Judge Lynn N. Hughes) Parties notified.(ghassan, )
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§ § Billy Lambert, et al., 5 Plaintiffs, Civil Action H-07.2480 versus City of Houston, 9 Defendant. 5 Opinion on Summary Judgment I. Background. T h e plaintiffs have worked on ambulances for the city. They have sued to recover overtime wages for between 40 and 46.7 hours per week during 1986 to 1999. In 1999, the Fair Labor Standards Act was amended to define firefighter more broadly, ending thirteen years of statutory error. 2. Limitations. T h e parties presented numerous arguments on their cross-motions for summary judgment. Actions for violations of the Fair Labor Standards Act must be brought within two years or three years if the violation was willf~tl. 29 U.S.C. §z5 j(a). T h e plaintiffs filed suit approximately seven and oneehalf years after the latest that they could have been underpaid. Their claim is too late. 3. Res Judicata. Billy Thompson's claim is additionally barred by res judicata. In 2004, his same claim was dismissed with prejudice in Vela v. City of Houston. 4. Conclusion. T h e plaintiffs will take nothing from the City of I-Iouston. Signed on May 26, 2010, at Houston, Texas. Lynn N.+ghes United States District Judge
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