Opinion
Civil Action No. 4:16-cv-00380
01-23-2017
Hilario David Chacaj, Individually and on Behalf of All Others Similarly Situated Plaintiff, v. Doneraki Gulfgate, Inc., et al, Defendants.
Interlocutory Opinion on Summary Judgment 1. Introduction.
A worker sues his former employer, saying that he was not paid for hours worked. He will prevail. 2. Background.
Hilario David Chacaj is a former dish-washer and kitchen helper. He was employed from February 2, 2012, to March 2, 2015, by Doneraki Gulfgate, Inc. controlled by Cesar Rodriguez and Magdalena Rodriguez through a collection of corporations that do business as Doneraki's Mexican Restaurant. Chacaj says that Doneraki did not pay him for all hours he worked, under-paying for his overtime, and not keeping accurate records of the hours worked.
3. Conclusion
Doneraki did not respond to Chacaj's motion for summary judgment. Doneraki's non-response means no genuine issue of material fact remains disputed. Chacaj's summary judgment is granted. Doneraki is obliged to pay Chacaj's owed wages. A hearing will be held to calculate damages.
Signed on January 23, 2017, at Houston, Texas.
/s/_________
Lynn N. Hughes
United States District Judge