Gattey and Baranic

A Professional Law Corporation

2445 Fifth Avenue, Suite 350
San Diego, California 92101
Phone 619.232.8142

Facsimile 619.232.1235

   

 

Sixth Day Academy LAwsuit Update

On July 18, 2005, we filed a lawsuit on behalf of 36 individual Border Patrol Agents who were required to work a sixth day, without compensation, while attending the academy.  The pleadings for the lawsuit can be viewed by clicking the links below.  You will need Adobe Acrobat to view the documents.

On September 6, 2005, we filed a First Amended Complaint adding additional agents who missed the initial deadline for submitting their documents.  To receive additional information on how to join the lawsuit click here

On June 6, 2006, the Government filed its Answer to our First Amended Complaint.  At about the same time, the Government provided most of the affected employees with "straight time" pay plus an additional 10% (rather than the overtime rate of time and a half plus liquidated damages).

We are still pursuing the issue of liquidated damages and are awaiting discovery responses from the Government.  We are also in active settlement negotiations.

 

Barth v. United States of America

(Case No. 05-759 C)

Date Document Size

July 18, 2005

Complaint

961k

July 18, 2005

Civil Case Coversheet

47k

July 18, 2005

Notice of Case Assignment

41k

Aug 10, 2005

Notice of Appearance

34k

Sept 6, 2005

First Amended Complaint

1.4M

Sept 15, 2005

USA's Motion for Extension

38k

Sept 19, 2005

Order Granting Extension

11k

June 6, 2006

Government's Answer

48k

June 15, 2006

Notice of Agency Action

13k

June 19, 2006

Objections to Agency Action

68k

June 19, 2006

Reply to Objections

16k

June 23, 2006

Notice of Collective Action #1

Notice of Collective Action #2

Notice of Collective Action #3

9k

8k

8k

June 28, 2006 Order re Notices 35k

Oct 26, 2006

Govt's Motion to Extend Time

10k

Oct 31, 2006 Order Granting Extension 35k
Nov 7, 2006 Joint Status Report 9k
Nov 8, 2006 Discovery Scheduling Order 36k

Jan 22, 2007

Status Conference Order

36k

May 24, 2007

Motion to Extend Discovery #1

Motion to Extend Discovery #2

Motion to Extend Discovery #3

14k

9k

161k

May 25, 2007 Status Conference Order 36k
June 4, 2007 Govt's Motion to Extend Discovery 11k

June 8, 2007

Order re Discovery

34k

June 20, 2007 Scheduling Order 42k
June 22, 2007 Order re Discovery 37k
July 2, 2007 Govt's Motion to Extend Discovery 11k
July 3, 2007 Order re Discovery 37k