Court Sets Trial Date for Gomez vs. Diamond Triumph Case

The U.S. District Court for the Southern District of Florida has announced that a trial will be held during the month of April 2008 in West Palm Beach, Fla., in the suit filed by former employee Alex Gomez against Diamond Triumph.

A specific date has not yet been set, but the April 2008 trial calendar commences on April 7, and the case will be heard during the four-week docket.

The counsel for both parties will meet on March 28 at the courthouse at 2 p.m. for a calendar call to set the specific date.

In the complaint, Alex Gomez, who is represented by the Law Offices of Freedland Farmer Russo Behren Sheller in Weston, Fla., alleges that he and other similarly situated employees have frequently worked in excess of forty hours per week for the Kingston, Pa.-based company and were not paid "time and a half." The complaint is filed under the Fair Labor Standards Act (FLSA). Gomez also alleges that in his time employed in the receiving department at the company, he frequently was required to work through lunch breaks and off the clock and was not compensated as such.

The complaint claims that Diamond Triumph "negligently and good faith knowingly, intentionally and/or in bad faith, failed to pay them all overtime compensation in violation of the FLSA."

Gomez seeks compensatory damages for the unpaid overtime, liquidated damages, attorney's fees and court costs.

Diamond Triumph, which is represented by Jackson Lewis LLP in Miami, filed a response on October 17, denying all allegations made in the initial complaint.

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