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MONTES v. JANITORIAL PARTNERS, INC.

No. 15-7107. Consolidated with 16-7063.

859 F.3d 1079 (2017)

Marcos MONTES, Appellee/Cross-Appellant v. JANITORIAL PARTNERS, INC. and Ray Park, Appellants/Cross-Appellees Geoff Ogden, et al., Cross-Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided June 16, 2017.

Attorney(s) appearing for the Case

Denise M. Clark , Washington, DC, argued the cause and filed the briefs for the appellee/cross-appellant.

John A. DiNucci , Falls Church, VA, argued the cause and filed the briefs for the appellants/cross-appellees.

Before: Garland, Chief Judge, and Henderson and Wilkins, Circuit Judges.

Manuel Montes sued his employer for wage underpayment. When his employer failed to respond, Montes obtained a default judgment for himself and two fellow employees. But there was a problem: the statute he sued under required the fellow employees to formally "opt in" to the lawsuit. They had not done so. Reacting...

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