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CASE NAME:Fredi Garcia v. Audubon Communities Management, LLC
ALL PLAINTIFFS:Fredi Garcia, Misbel Garcia, Jose Salvadore Valladares, Denis Amador-Diaz, Emilio Salgueto, Reyes Agulia-Garcia, Gustavo Garcia, Ilsa Canales Jose Efrain Garcia-Hernandez, Edgar Govanti Garcia-Martinez, and Santos Lara, on behalf of themselves and all others similarly situated
ALL DEFENDANTS:Audubon Communities Management LLC, Audubon-Algiers, LLC,, related companies, Andrew Schwartz and Charles Rehyer
CITATION:
DOCKET NUMBER:08-1291 SECTION "C" (5)
SOURCE:Lexis Search
TYPE OF CASE:Civil
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TYPE OF TRIAL:
TRIAL JUDGE(S):Helen G. Berrigan
YEAR OF ARREST:2008
YEAR OF VERDICT:2009
TYPE OF COURT:Federal
STATE:Louisiana
FEDERAL DISTRICT:Eastern District Court
STATE COUNTY:
AGE OF VICTIM(S):Adult
NUMBER OF VICTIMS:13 +
GENDER OF VICTIM(S):Female and Male
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WAS VICTIM CHARGED WITH A CRIME:Yes
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TYPE OF INDUSTRY:Labor
CASE CATEGORIZATION:Construction Industry
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FIRST CLAIM:Violations of Trafficking Victims Protection Act
FIRST CLAIM US/STATE CODE CITATION:18 USC 1589
FIRST CLAIM RESULT:Settled
DAMAGES AWARDED FOR FIRST CLAIM:
SECOND CLAIM:Violations of the Fair Labor Standards Act
SECOND CLAIM US/STATE CODE CITATION:29 USC 206
SECOND CLAIM RESULT:Settled
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TOTAL AWARD:$170,000
APPEAL:No
EXPLANATION OF APPEAL:
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HOLDING OF APPEALS COURT:
APPEAL STILL PENDING?:
SUMMARY:Plaintiffs worked, without visas, for Defendant and subsidiary companies.  Plaintiffs  had been promised housing and worksite living accommodations in exchange for their work, but they were not paid regularly, or were underpaid for their labor.  They were never paid overtime wages, but regularly worked over 40 hours a week.  When they complained about the low wages, Defendants illegally threatened to retaliate by calling Immigrations and Customs Enforcement to deport Plaintiffs.  Defendants also threatened to evict Plaintiffs from their housing in retaliation for wage complaints.  In February of 2008, ICE agents raided the Defendants' worksite and detained 7 of the named Plaintiffs, some for as long as 9 weeks.
Approval Status:Approved
Approver Comments:
            
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