Ric Clark v. City of Fort Worth, Texas

Case: 11-10815 Document: 00511786687 Page: 1 Date Filed: 03/13/2012
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT United States Court of Appeals
Fifth Circuit
FILED
March 13, 2012
No. 11-10815
Lyle W. Cayce
Clerk
RIC CLARK, Individually and on behalf of others similarly situated; DAVID
ELLIS, Individually and on behalf of others similarly situated; WELDON
NORMAN, Individually and on behalf of others similarly situated; CLAIRE
WALLACE,
Plaintiffs - Appellants
v.
CITY OF FORT WORTH, TEXAS,
Defendant - Appellee
Appeals from the United States District Court
for the Northern District of Texas
USDC No. 4:10-CV-519
Before JOLLY, DAVIS, and BARKSDALE, Circuit Judges.
PER CURIAM:*
At issue are whether the district court erred by: applying the Fair Labor
Standards Act’s (FLSA) “special detail” exemption, 29 U.S.C.
§ 207(p)(1); and denying Plaintiffs’ motion for conditional class certification
under the FLSA’s collective-action provision, 29 U.S.C. § 216(b). See Clark v.
City of Ft. Worth, 800 F. Supp. 2d 781 (N.D. Tex. 2011). Essentially for the
reasons stated in its well-considered opinion, the district court did not err by
*
Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not
be published and is not precedent except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
Case: 11-10815 Document: 00511786687 Page: 2 Date Filed: 03/13/2012
No. 11-10815
applying the exemption. Accordingly, we need not reach the collective-action
issue.
AFFIRMED.
2