Catherine A. Crane v. Pineland Mental Health , 230 F. App'x 947 ( 2007 )

[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FILED
FOR THE ELEVENTH CIRCUIT U.S. COURT OF APPEALS
________________________ ELEVENTH CIRCUIT
AUGUST 1, 2007
No. 07-10861 THOMAS K. KAHN
Non-Argument Calendar CLERK
________________________
D. C. Docket No. 06-00047-CV-AAA-2
CATHERINE A. CRANE,
Plaintiff-Appellant,
versus
PINELAND MENTAL HEALTH, MENTAL RETARDATION
& SUBSTANCE ABUSE COMMUNITY SERVICE BOARD,
Defendant-Appellee.
________________________
Appeal from the United States District Court
for the Southern District of Georgia
_________________________
(August 1, 2007)
Before DUBINA, CARNES and PRYOR, Circuit Judges.
PER CURIAM:
Catherine A. Crane appeals the summary judgment in favor of Pineland
Mental Health, Mental Retardation & Substance Abuse Community Service Board
and against her complaint for unpaid overtime compensation under the Fair Labor
Standards Act. We review a summary judgment de novo. Cuvillier v. Rockdale
County, 390 F.3d 1336, 1338 (11th Cir. 2004). Crane argues that Pineland waived
its defense of sovereign immunity by failing to raise that defense in its initial
answer. Crane’s argument is frivolous.
As acknowledged by Crane in her statement of facts, the magistrate judge
allowed Pineland to amend its answer to include the defense of sovereign
immunity, and Crane does not offer any argument that the decision of the
magistrate judge to allow that amendment was in error. Pineland did not waive its
defense of sovereign immunity. To the extent that Crane also argues that the
admission by Pineland that it is subject to the Fair Labor Standards Act somehow
defeats its immunity from suit for damages, that argument is baseless.
The summary judgment is
AFFIRMED.
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