Galvan v. Fts International Services, Llc

MOTION for Summary Judgment

W.D. Tex.March 2, 2017

DEFENDANT FTS INTERNATIONAL SERVICES, LLC’S MOTION FOR FINAL SUMMARY JUDGMENT PAGE 1 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS MIDLAND-ODESSA DIVISION JOSEPH GALVAN § § Plaintiff, § § v. § CASE NO. 7:16-CV-147 § § FTS INTERNATIONAL SERVICES, LLC, § § Defendant. § DEFENDANT FTS INTERNATIONAL SERVICES, LLC’S MOTION FOR FINAL SUMMARY JUDGMENT Defendant FTS International Services, LLC (“FTSI”) respectfully moves for summary judgment pursuant to Federal Rule of Civil Procedure 56. Plaintiff Joseph Galvan (“Plaintiff”) brought this action against FTSI, his former employer, seeking overtime pay under the Fair Labor Standards Act, 29 U.S.C. § 201, et seq. (“FLSA”). FTSI moves for summary judgment on the grounds that Plaintiff was exempt from overtime under the FLSA’s highly compensated employee exemption. In accordance with the Local Rules, declarations, deposition excerpts, and other evidence supporting this Motion for Final Summary Judgment are contained in an Appendix filed and served simultaneously with this Motion. Additionally, FTSI has simultaneously filed and served a Brief in Support containing arguments and authorities demonstrating that dismissal pursuant to Rule 56 is warranted. WHEREFORE, FTSI prays that this Motion for Summary Judgment be granted and that an order be entered dismissing Plaintiff’s FLSA claim and this action with prejudice. FTSI also prays for such additional relief as the Court deems just and proper. Case 7:16-cv-00147-RAJ-DC Document 8 Filed 03/02/17 Page 1 of 2 DEFENDANT FTS INTERNATIONAL SERVICES, LLC’S MOTION FOR FINAL SUMMARY JUDGMENT PAGE 2 Respectfully submitted, /s/ John B. Brown John B. Brown Texas Bar No. 00793412 john.brown@ogletreedeakins.com OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C. 8117 Preston Road, Suite 500 Dallas, Texas 75225 Telephone: 214-987-3800 Facsimile: 214-987-3926 AND Ryan M. Miller Texas Bar No. 24070281 ryan.miller2@ftsi.com FTS INTERNATIONAL SERVICES, LLC 777 Main Street, Suite 3000 Fort Worth, TX 76102 Telephone: 817-339-3696 ATTORNEYS FOR DEFENDANT FTS INTERNATIONAL SERVICES, LLC CERTIFICATE OF SERVICE On March 2, 2017, I electronically submitted the foregoing document with the clerk of court for the U.S. District Court, Western District of Texas, using the electronic case filing system of the court. I hereby certify that I have served all counsel of record electronically or by another manner authorized by Federal Rule of Civil Procedure 5(b)(2). /s/ John B. Brown John B. Brown 28925670.1 Case 7:16-cv-00147-RAJ-DC Document 8 Filed 03/02/17 Page 2 of 2 ORDER GRANTING DEFENDANT’S MOTION FOR FINAL SUMMARY JUDGMENT PAGE 1 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF TEXAS MIDLAND-ODESSA DIVISION JOSEPH GALVAN § § Plaintiff, § § v. § CASE NO. 7:16-CV-147 § § FTS INTERNATIONAL SERVICES, LLC, § § Defendant. § ORDER GRANTING DEFENDANT’S MOTION FOR FINAL SUMMARY JUDGMENT BEFORE THE COURT is Defendant FTS International Services, LLC’s (“FTSI”) Motion for Final Summary Judgment (“Motion for Final Summary Judgment”). The Court, after considering the Motion for Final Summary Judgment, the summary judgment evidence, and all other matters properly before it, is of the opinion that the Motion for Final Summary Judgment has merit and should be GRANTED in its entirety. IT IS THEREFORE ORDERED that the Motion for Final Summary Judgment is granted in its entirety. Plaintiff’s claims are HEREBY dismissed with prejudice, and the Court orders that Plaintiff take nothing and that all costs incurred by Defendant should be taxed against Plaintiff. SIGNED and ENTERED this ______ day of ________________________, 2017. ROBERT JUNELL UNITED STATES DISTRICT SENIOR JUDGE 28944477.1 Case 7:16-cv-00147-RAJ-DC Document 8-1 Filed 03/02/17 Page 1 of 1