PLAINTIFFS’ ORIGINAL COMPLAINT – CLASS ACTION – Page 1
IN THE UNITED STATES DISTRICT COURTFOR THE EASTERN DISTRICT OF TEXASSHERMAN DIVISIONBILLY HORTON, ROBERT MORRIS, §ROBERT PRUNTY, ALAN SPURGIN, §DAVID RATCLIFF, and SAM BIGHAM, §individually and on behalf of similarly situated § Civil No. 4:10-cv-372individuals, §Plaintiffs, § ECF-v- §§CITY OF PLANO, §Defendant. §PLAINTIFFS’ ORIGINAL COMPLAINT – CLASS ACTIONTO THE HONORABLE UNITED STATES DISTRICT COURT JUDGE: NOW COME Billy Horton, Robert Morris, Robert Prunty, Alan Spurgin, David Ratcliff,and Sam Bigham and file this Plaintiffs’ Original Complaint against the City of Plano.This case involves working off the clock. At issue is the fact that the Plano did notcompensate Plaintiffs
for purported breaks and purported on call time during which Plaintiffswere required to monitor their radio. Plaintiffs must listen to all messages relayed over the radio,and respond appropriately when a relevant message is relayed. Plaintiffs contend that such timeis compensable time because they have to continuously listen for relevant messages. Pleading inthe alternative, even if all such time is not compensable, Plano must at least compensatePlaintiffs for time spent actually listening to calls and responding to relevant calls.Furthermore, Plano promised to pay Plaintiffs the greater of one hour or the actual timeworked when they perform work during on call hours. Plaintiff has failed to comply with thisobligation. Plano also promised to pay Plaintiffs for lunch breaks where they are required to
Plaintiffs, as used in this pleading, refers to the Named Plaintiffs and the putative class.
Case 4:10-cv-00372-RAS -DDB Document 1 Filed 07/27/10 Page 1 of 8 PageID #: 1