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CASE NAME:Lucia Mabel Gonzalez Paredes v. Jose Luis Vila
ALL PLAINTIFFS:Lucia Mabel Gonzalez Paredes
ALL DEFENDANTS:Jose Luis Vila, Monica Nielsen
CITATION:479 F. Supp. 2d 187
DOCKET NUMBER:06-0089
SOURCE:Lexis Search
TYPE OF CASE:Civil
RELATED CASE CITATION:
TYPE OF TRIAL:Judge
TRIAL JUDGE(S):Paul L. Friedman
YEAR OF ARREST:
YEAR OF VERDICT:2007
TYPE OF COURT:Federal
STATE:District of Columbia
FEDERAL DISTRICT:District Court
STATE COUNTY:
AGE OF VICTIM(S):Adult
NUMBER OF VICTIMS:1
GENDER OF VICTIM(S):Female
VICTIM'S COUNTRY OF ORIGIN:Paraguay
METHOD OF ENTRY INTO THE U.S.:
WAS VICTIM CHARGED WITH A CRIME:No
NUMBER OF DEFENDANT(S):2
GENDER OF DEFENDANT(S):Female and Male
TYPE OF INDUSTRY:Labor
CASE CATEGORIZATION:Domestic Servant
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FIRST CLAIM:Violation of Fair Labor Standards Act
FIRST CLAIM US/STATE CODE CITATION:29 U.S.C. 201
FIRST CLAIM RESULT:Dismissed
DAMAGES AWARDED FOR FIRST CLAIM:
SECOND CLAIM:Violation of D.C. Minimum Wage and Payment Laws
SECOND CLAIM US/STATE CODE CITATION:D.C. COde 32-1001-1013, and 32-1301-1310
SECOND CLAIM RESULT:Dismissed
DAMAGES AWARDED FOR SECOND CLAIM:
THIRD CLAIM:Breach of Contract
THIRD CLAIM US/STATE CODE CITATION:
THIRD CLAIM RESULT:Dismissed
DAMAGES AWARDED FOR THIRD CLAIM:
FOURTH CLAIM:Unjust Enrichment
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FOURTH CLAIM RESULT:Dismissed
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APPEAL:No
EXPLANATION OF APPEAL:
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HOLDING OF APPEALS COURT:
APPEAL STILL PENDING?:
SUMMARY:Lucia Mabel Gonzalez Paredes was a domestic worker from Paraguay who brought this action against her former employers. Her employers, a husband and wife, were Argentine diplomats who employed her while living in D.C.. The wage and hours per week terms of her employment contract were violated by the Defendants, but the case was dismissed after the Defendant's claimed Diplomatic Immunity recognized under the Diplomatic Relations Convention. The actions of the Defendants was not found to qualify for the exception in article 31(1)(c) which states diplomatic immunity does not apply in a case of "an action relating to any professional or commercial activity exercised by the diplomatic agent in the receiving State outside his official function." However, hiring a domestic worker is not considered a "commercial activity," and the Plaintiff's case was dismissed without prejudice.
Approval Status:Approved
Approver Comments:Although charges are dismissed in this case, the issue of domestic servants being exploited by diplomats is an important issue that falls under the human trafficking umbrella.
            
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