`
`Case 4:22-cv-00273-P Document 1 Filed 04/06/22 Page 1 of 10 PageID 1Case 4:22-cv-00273-P Document 1 Filed 04/06/22 Page 1 of 10 PageID 1
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE NORTHERN DISTRICT OF TEXAS
`
`Joel Gonzalez Olea,
`
`Plaintiff,
`
`v.
`
`Case No.
`
`4:22-cv-273
`
`and
`
`PLAINTIFF DEMANDS
`TRIAL BY JURY
`
`Backyard Beverages LLC ,
`David Casique Abaonza , Bibere Beverages Inc.,
`Moore & Moore Ventures Inc., and Charles Moore,
`Defendants.
`
`COMPLAINT
`
`Plaintiff, Joel Gonzalez Olea (“Plaintiff”), by and through their attorneys, Daniel I.
`
`Schlade and James M. Dore, complain against Backyard Beverages LLC (“Defendant” or
`
`“BACKYARD”), David Casique Abaonza (“Defendant” or “DAVID”), Bibere Beverages Inc.
`
`(“Defendant” or “BIBERE”), Moore & Moore Ventures Inc. (“Defendant” or “MOORE
`
`VENTURES”), and Charles Moore (“Defendant” or “CHARLES”), all of whom may
`
`collectively be referred to as “Defendants”. In support of this Complaint, Plaintiff states:
`
`Introduction
`
`1.
`
`This action seeks redress for Defendants’ willful violations of the Fair Labor Standards Act,
`
`29 U.S.C. § 201 et seq. (“FLSA”), as well as any related state law claims, for Defendants’ failure
`
`to pay overtime wages owed.
`
`Parties
`
`2.
`
`3.
`
`Plaintiff is a resident of Arlington, Texas; and he was employed by Defendants.
`
`BACKYARD is a business that is located, headquartered, and conducts business in Fort
`
`Worth, Texas.
`
`

`

`
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`4.
`
`DAVID is an owner and Boss of BACKYARD, and he is in charge of its employees. On
`
`information and belief, DAVID is a resident of Arlington, Texas.
`
`5.
`
`BIBERE is a business that is located, headquartered, and conducts business in Arlington,
`
`Texas.
`
`6.
`
`DAVID is an owner and Boss of BIBERE, and he is in charge of its employees. On
`
`information and belief, DAVID is a resident of Arlington, Texas.
`
`7.
`
`MOORE VENTURES is a business that is located, headquartered, and conducts business
`
`in Arlington, Texas.
`
`8.
`
`CHARLES is the owner and Boss of MOORE VENTURES, and he is in charge of its
`
`employees. On information and belief, CHARLES is a resident of Arlington, Texas.
`
`9.
`
`Defendants are “an enterprise engaged in commerce or in the production of goods for
`
`commerce” under 29 USC § 203(s)(1)(A)(i) and (ii) because they have annual gross volume of
`
`sales made or business done of at least $500,000; and because they are engaged in interstate
`
`
`
`
`
`
`
`commerce or in the production of goods for interstate commerce.
`
`Jurisdiction And Venue
`
`10.
`
`The Court possesses subject matter jurisdiction over the FLSA claim(s) pursuant to 29
`
`U.S.C. § 216(b) and 28 U.S.C. § 1331 (federal question), and 28 U.S.C. §1337; and supplemental
`
`jurisdiction over any related state law claim(s) pursuant to 28 U.S.C. § 1367.
`
`11.
`
`Venue is proper in the Northern District of Texas because all underlying facts and
`
`transactions occurred in or about Fort Worth, Texas.
`
`Facts Common To All Claims
`
`12.
`
`BACKYARD, BIBERE, and MOORE VENTURES are all an “employer” as that term is
`
`defined in Section 203 of the FLSA, because they are each privately owned for-profit entities.
`
`

`

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`13.
`
`DAVID and CHARLES are an “employer” as that term is defined in Section 203 of the
`
`FLSA, because: (1) they were Plaintiff’s head “boss” at BACKYARD; (2) they had the power to
`
`hire and fire the employees, including Plaintiff; (3) they supervised and controlled Plaintiff’s work
`
`schedules and conditions of employment; (4) they determined the rate and method of payment for
`
`employees; and (5) they maintained employment records.
`
`
`
`COUNT I: VIOLATION OF THE FLSA
`
`14.
`
`Plaintiff reincorporates by reference Paragraphs 1 through 13, as if set forth in full herein
`
`for Paragraph 14.
`
`15.
`
`Plaintiff began working at BACKYARD in or before July 2019 up until on or about
`
`November 2020.
`
`16.
`
`At all times, Plaintiff held the same position at BACKYARD, they were an administrative
`
`assistant. Plaintiff was an “employee” of Defendants as that term is used in Section 203 of the
`
`FLSA because he was employed by Defendants to perform phone calls with customers and other
`
`general duties, including menial office tasks such as cleaning and filing, and they do not fall into
`
`any of the exceptions or exemptions for workers under the FLSA.
`
`17.
`
`Although schedules are subject to change, Plaintiff’s general schedule with Defendants
`
`required Plaintiff to work on average 46 hours per week.
`
`
`
`18.
`
`19.
`
`Plaintiff was paid their wages on a monthly basis.
`
`Plaintiff’s wages were not based on the number of jobs performed or completed, nor was
`
`it based on the quality or efficiency of his performance.
`
`Plaintiff’s rate of pay was $400 per month.
`20.
`Throughout the course of Plaintiff’s employment with Defendants, Defendants
`21.
`regularly scheduled and directed Plaintiff to work in excess of forty (40) hours per
`week.
`
`

`

`
`
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`22.
`
`Defendants did not pay Plaintiff not less than one and a half (1.5) times the regular rate at
`
`which he was employed during the hours worked in excess of forty (40) hours per week.
`
`23.
`
`On information and belief, Defendants have failed to keep proper time records tracking
`
`Plaintiffs’ time worked; and Defendants’ failure and refusal to pay Plaintiff overtime wages for
`
`hours worked in excess of forty (40) hours per week was a willful violation of the FLSA.
`
`24.
`
`Plaintiff is entitled to recover unpaid overtime wages and liquidated damages for up to three
`
`(3) years prior to the filing of this lawsuit. On information and belief, this amount includes:
`
`(i) $22,646.58 in unpaid overtime wages; (ii) liquidated damages of $22,646.58; and (iii)
`
`Plaintiff’s attorney’s fees and costs, to be determined. A calculation of Plaintiff’s damages are
`
`attached as Exhibit A.
`
`WHEREFORE, Plaintiff Joel Gonzalez Olea respectfully requests that the Court enter a
`
`judgment in his favor and against Defendants jointly and severally, for:
`
`A.
`
`The amount of unpaid overtime wages for all time worked by Plaintiff in excess of forty
`
`(40) hours in individual work weeks, totaling at least $22,646.58;
`
`An award liquidated damages in an amount equal to at least $22,646.58;
`
`A declaration that Defendants violated the FLSA;
`
`An award reasonable attorneys’ fees and costs; and
`
`Any such additional or alternative relief as this Court deems just and proper.
`
`B.
`
`C.
`
`D.
`
`E.
`
`COUNT II: BREACH OF CONTRACT
`
`25.
`
`Plaintiff reincorporates by reference Paragraphs 1 through 24, as if set forth in full herein
`
`for Paragraph 25.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`

`

`
`
`Case 4:22-cv-00273-P Document 1 Filed 04/06/22 Page 5 of 10 PageID 5Case 4:22-cv-00273-P Document 1 Filed 04/06/22 Page 5 of 10 PageID 5
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`26.
`
`Defendants asked Plaintiff if he could extend them a line of credit by use of his credit cards
`
`for the purpose of operating Defendant’s business. In exchange, the Defendants agreed to pay
`
`Plaintiff back all sums borrowed against his credit, plus 15% interest per year, plus any additional
`
`interest owed to the respective credit card companies; and Defendants agreed to pay back all
`
`monies withing thirty (30) days that any sums were tendered to Defendants by Plaintiff(the
`
`“Agreement”).
`
`
`The Agreement constituted a valid and binding contract in that its terms were offered to
`
`27.
`
`Defendants by Plaintiff, Defendants accepted the terms, and the Agreement is supported by
`
`valuable consideration, including the loan of money in return for repayment of all sums plus
`
`interest.
`
`
`Pursuant to the Agreement, Defendants amassed a debt to Plaintiff upwards of $60,000.00,
`
`28.
`
`which Plaintiff owes to the respective banking institutions.
`
`29.
`
`To date, Plaintiff has only received from Defendants approximately $30,000.00 towards
`
`that debt, which sums continue to accrue interest
`
`30.
`
`The Defendants have knowledge that Plaintiff has been providing to them a benefit for
`
`which he is not receiving compensation.
`
`31. The Defendants have retained the benefit of the Agreement without paying Plaintiff in full for
`
`all sums lent to Defendants.
`
`32. Defendants have breached the Agreement by failing to pay all sums owed to Plaintiff pursuant
`
`to the terms of the Agreement.
`
`
`
`33.
`
`. Defendants breach of the Agreement has damaged Plaintiff for a sum in excess of
`
`$30,000.00.
`
`WHEREFORE, Plaintiff Joel Gonzalez Olea respectfully requests that the Court enter a
`
`judgment in their favor and against Defendants and jointly and severally, for:
`
`

`

`
`
`Case 4:22-cv-00273-P Document 1 Filed 04/06/22 Page 6 of 10 PageID 6Case 4:22-cv-00273-P Document 1 Filed 04/06/22 Page 6 of 10 PageID 6
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`A.
`
`B.
`
`C.
`
`D.
`
`E.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Damages in excess of $30,000, to be proven at trial;
`
`An award of reasonable attorney’s fees and costs;
`
`Any other compensatory damages;
`
`Interest; and
`
`Any such additional or alternative relief as this Court deems just and proper.
`
`COUNT III: UNJUST ENRICHMENT
`(In the Alternative to Count II)
`
`34.
`
`Plaintiff reincorporates by reference Paragraphs 1 through 33, as if set forth in full herein
`
`for Paragraph 34.
`
`35.
`
`By allowing Defendants the use of his credit cards, which they used to cause a debt owed
`
`by Plaintiff upwards of $60,000.00, Plaintiff has conferred a benefit upon the Defendants.
`
`36.
`
`The Defendants have knowledge that Plaintiff is providing to them a benefit for which he
`
`is not receiving compensation.
`
`
`
`37.
`
`38.
`
`The Defendants have retained the benefit.
`
`The circumstances are such that it would be inequitable for the Defendants to retain the
`
`benefit without paying fair value for it. Defendants have been unjustly enriched by the use of
`
`Plaintiff’s credit cards. The acquisition of monies by Defendants has occurred at the detriment
`
`of Plaintiff, including the accumulation of credit card debt and interest; and there exists no
`
`contract between Plaintiff and Defendants due to one or more of the following circumstances:
`
`unenforceability of the Agreement, impossibility, mistake, voidness, or absence of a formal
`
`agreement.
`
`
`
`WHEREFORE, Plaintiff Joel Gonzalez Olea respectfully requests that the Court enter a
`
`judgment in their favor and against Defendants and jointly and severally, for:
`
`A.
`
`Damages in excess of $30,000;
`
`
`
`
`

`

`
`
`Case 4:22-cv-00273-P Document 1 Filed 04/06/22 Page 7 of 10 PageID 7Case 4:22-cv-00273-P Document 1 Filed 04/06/22 Page 7 of 10 PageID 7
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`B.
`
`C.
`
`D.
`
`E.
`
`An award of reasonable attorney’s fees and costs;
`
`Compensatory damages;
`
`Interest; and
`
`Any such additional or alternative relief as this Court deems just and proper.
`
`/s/James M. Dore
`By Their Attorney
`
`James M. Dore
`Justicia Laboral LLC
`6232 N. Pulaski, #300
`Chicago, IL 60646
`Phone: 773-942-9415 x 105
`jdore@justicialaboral.com
`
`
`
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`
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`PLAINTIFFS DEMAND TRIAL BY JURY
`
`

`

`
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`Case 4:22-cv-00273-P Document 1 Filed 04/06/22 Page 8 of 10 PageID 8Case 4:22-cv-00273-P Document 1 Filed 04/06/22 Page 8 of 10 PageID 8
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`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`EXHIBIT A
`
`

`

`
`
`Case 4:22-cv-00273-P Document 1 Filed 04/06/22 Page 9 of 10 PageID 9Case 4:22-cv-00273-P Document 1 Filed 04/06/22 Page 9 of 10 PageID 9
`
`Week
`7/7/2019
`7/14/2019
`7/21/2019
`7/28/2019
`8/4/2019
`8/11/2019
`8/18/2019
`8/25/2019
`9/1/2019
`9/8/2019
`9/15/2019
`9/22/2019
`9/29/2019
`10/6/2019
`10/13/2019
`10/20/2019
`10/27/2019
`11/3/2019
`11/10/2019
`11/17/2019
`11/24/2019
`12/1/2019
`12/8/2019
`12/15/2019
`12/22/2019
`12/29/2019
`1/5/2020
`1/12/2020
`1/19/2020
`1/26/2020
`2/2/2020
`2/9/2020
`2/16/2020
`2/23/2020
`3/1/2020
`3/8/2020
`3/15/2020
`3/22/2020
`3/29/2020
`4/5/2020
`4/12/2020
`4/19/2020
`4/26/2020
`5/3/2020
`5/10/2020
`5/17/2020
`5/24/2020
`5/31/2020
`6/7/2020
`6/14/2020
`6/21/2020
`6/28/2020
`7/5/2020
`7/12/2020
`7/19/2020
`7/26/2020
`8/2/2020
`8/9/2020
`8/16/2020
`8/23/2020
`8/30/2020
`9/6/2020
`9/13/2020
`9/20/2020
`9/27/2020
`10/4/2020
`10/11/2020
`10/18/2020
`10/25/2020
`11/1/2020
`11/8/2020
`
`Av. Hours/Wk. Hours Over 40 Hrly. Wage MW/Hr. Unpaid MW Unpaid OT
`42
`2
`$2.17
`$7.25
`$213.36
`$21.75
`42
`2
`$2.17
`$7.25
`$213.36
`$21.75
`42
`2
`$2.17
`$7.25
`$213.36
`$21.75
`42
`2
`$2.17
`$7.25
`$213.36
`$21.75
`42
`2
`$2.17
`$7.25
`$213.36
`$21.75
`42
`2
`$2.17
`$7.25
`$213.36
`$21.75
`42
`2
`$2.17
`$7.25
`$213.36
`$21.75
`42
`2
`$2.17
`$7.25
`$213.36
`$21.75
`42
`2
`$2.17
`$7.25
`$213.36
`$21.75
`42
`2
`$2.17
`$7.25
`$213.36
`$21.75
`42
`2
`$2.17
`$7.25
`$213.36
`$21.75
`42
`2
`$2.17
`$7.25
`$213.36
`$21.75
`42
`2
`$2.17
`$7.25
`$213.36
`$21.75
`42
`2
`$2.17
`$7.25
`$213.36
`$21.75
`42
`2
`$2.17
`$7.25
`$213.36
`$21.75
`42
`2
`$2.17
`$7.25
`$213.36
`$21.75
`42
`2
`$2.17
`$7.25
`$213.36
`$21.75
`42
`2
`$2.17
`$7.25
`$213.36
`$21.75
`42
`2
`$2.17
`$7.25
`$213.36
`$21.75
`42
`2
`$2.17
`$7.25
`$213.36
`$21.75
`42
`2
`$2.17
`$7.25
`$213.36
`$21.75
`42
`2
`$2.17
`$7.25
`$213.36
`$21.75
`42
`2
`$2.17
`$7.25
`$213.36
`$21.75
`42
`2
`$2.17
`$7.25
`$213.36
`$21.75
`42
`2
`$2.17
`$7.25
`$213.36
`$21.75
`42
`2
`$2.17
`$7.25
`$213.36
`$21.75
`42
`2
`$2.17
`$7.25
`$213.36
`$21.75
`42
`2
`$2.17
`$7.25
`$213.36
`$21.75
`42
`2
`$2.17
`$7.25
`$213.36
`$21.75
`42
`2
`$2.17
`$7.25
`$213.36
`$21.75
`42
`2
`$2.17
`$7.25
`$213.36
`$21.75
`42
`2
`$2.17
`$7.25
`$213.36
`$21.75
`42
`2
`$2.17
`$7.25
`$213.36
`$21.75
`42
`2
`$2.17
`$7.25
`$213.36
`$21.75
`42
`2
`$2.17
`$7.25
`$213.36
`$21.75
`42
`2
`$2.17
`$7.25
`$213.36
`$21.75
`42
`2
`$2.17
`$7.25
`$213.36
`$21.75
`42
`2
`$2.17
`$7.25
`$213.36
`$21.75
`42
`2
`$2.17
`$7.25
`$213.36
`$21.75
`42
`2
`$2.17
`$7.25
`$213.36
`$21.75
`42
`2
`$2.17
`$7.25
`$213.36
`$21.75
`42
`2
`$2.17
`$7.25
`$213.36
`$21.75
`42
`2
`$2.17
`$7.25
`$213.36
`$21.75
`42
`2
`$2.17
`$7.25
`$213.36
`$21.75
`42
`2
`$2.17
`$7.25
`$213.36
`$21.75
`42
`2
`$2.17
`$7.25
`$213.36
`$21.75
`42
`2
`$2.17
`$7.25
`$213.36
`$21.75
`42
`2
`$2.17
`$7.25
`$213.36
`$21.75
`51
`11
`$2.17
`$7.25
`$259.08
`$119.63
`51
`11
`$2.17
`$7.25
`$259.08
`$119.63
`51
`11
`$2.17
`$7.25
`$259.08
`$119.63
`51
`11
`$2.17
`$7.25
`$259.08
`$119.63
`51
`11
`$2.17
`$7.25
`$259.08
`$119.63
`51
`11
`$2.17
`$7.25
`$259.08
`$119.63
`51
`11
`$2.17
`$7.25
`$259.08
`$119.63
`51
`11
`$2.17
`$7.25
`$259.08
`$119.63
`51
`11
`$2.17
`$7.25
`$259.08
`$119.63
`51
`11
`$2.17
`$7.25
`$259.08
`$119.63
`51
`11
`$2.17
`$7.25
`$259.08
`$119.63
`51
`11
`$2.17
`$7.25
`$259.08
`$119.63
`51
`11
`$2.17
`$7.25
`$259.08
`$119.63
`51
`11
`$2.17
`$7.25
`$259.08
`$119.63
`51
`11
`$2.17
`$7.25
`$259.08
`$119.63
`51
`11
`$2.17
`$7.25
`$259.08
`$119.63
`51
`11
`$2.17
`$7.25
`$259.08
`$119.63
`51
`11
`$2.17
`$7.25
`$259.08
`$119.63
`51
`11
`$2.17
`$7.25
`$259.08
`$119.63
`51
`11
`$2.17
`$7.25
`$259.08
`$119.63
`51
`11
`$2.17
`$7.25
`$259.08
`$119.63
`51
`11
`$2.17
`$7.25
`$259.08
`$119.63
`51
`11
`$2.17
`$7.25
`$259.08
`$119.63
`
`FLSA Liquidated
`$235.11
`$235.11
`$235.11
`$235.11
`$235.11
`$235.11
`$235.11
`$235.11
`$235.11
`$235.11
`$235.11
`$235.11
`$235.11
`$235.11
`$235.11
`$235.11
`$235.11
`$235.11
`$235.11
`$235.11
`$235.11
`$235.11
`$235.11
`$235.11
`$235.11
`$235.11
`$235.11
`$235.11
`$235.11
`$235.11
`$235.11
`$235.11
`$235.11
`$235.11
`$235.11
`$235.11
`$235.11
`$235.11
`$235.11
`$235.11
`$235.11
`$235.11
`$235.11
`$235.11
`$235.11
`$235.11
`$235.11
`$235.11
`$378.71
`$378.71
`$378.71
`$378.71
`$378.71
`$378.71
`$378.71
`$378.71
`$378.71
`$378.71
`$378.71
`$378.71
`$378.71
`$378.71
`$378.71
`$378.71
`$378.71
`$378.71
`$378.71
`$378.71
`$378.71
`$378.71
`$378.71
`
`

`

`
`
`Case 4:22-cv-00273-P Document 1 Filed 04/06/22 Page 10 of 10 PageID 10Case 4:22-cv-00273-P Document 1 Filed 04/06/22 Page 10 of 10 PageID 10
`
`11/15/2020
`11/22/2020
`11/29/2020
`12/6/2020
`12/13/2020
`12/20/2020
`12/27/2020
`
`
`
`51
`51
`51
`51
`51
`51
`51
`TOTALS
`
`11
`11
`11
`11
`11
`11
`11
`346
`
`$2.17
`$2.17
`$2.17
`$2.17
`$2.17
`$2.17
`$2.17
`
`$7.25
`$7.25
`$7.25
`$7.25
`$7.25
`$7.25
`$7.25
`
`
`
`
`
`$259.08
`$259.08
`$259.08
`$259.08
`$259.08
`$259.08
`$259.08
`18,013.68
`
`$119.63
`$119.63
`$119.63
`$119.63
`$119.63
`$119.63
`$119.63
`$4,632.90
`
`$378.71
`$378.71
`$378.71
`$378.71
`$378.71
`$378.71
`$378.71
`$22,646.58
`
`
`
`