IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF TEXAS

AUSTIN DIVISION 

ABIGAIL TODD,

Plaintiff,

v. C.A. No.: 1:20-cv-142

SHADOW MOUNTAIN, LLC, 

Defendant.

__________________________________/

COMPLAINT AND DEMAND FOR JURY TRIAL

Plaintiff, ABIGAIL TODD (hereinafter sometimes referred to as “Plaintiff”), 

by and through her undersigned counsel, sues Defendant, SHADOW MOUNTAIN, 

LLC (hereinafter sometimes referred to as “Defendant”), and in support thereof 

states as follows:

INTRODUCTION

1. This is an action by Plaintiff against her employer for unpaid wages 

pursuant to the Fair Labor Standards Act, as amended, 29 U.S.C. § 201, et seq. 

Plaintiff seeks damages for unpaid overtime, liquidated damages, and a reasonable 

attorney’s fee and costs.

JURISDICTION

2. This claim is properly before this Court pursuant to 28 U.S.C. § 1331, 

since this claim arises under federal law, and by the private right of action conferred 

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in 29 U.S.C. § 216(b).

VENUE

3. Venue is proper in this district under 28 U.S.C. § 1391(b)(1) because 

Defendant has offices or conducts business in Travis County, Texas.

THE PARTIES

4. Plaintiff is an individual residing in Travis County, Texas. 

5. Defendant employed Plaintiff from April of 2018, through January 3, 

2020, as an “Admission Coordinator,” at the rate of $761.72 per workweek. 

Plaintiff’s duties were clerical in nature and included answering incoming telephone 

calls, completing the admission of new and returning clients, which included 

obtaining insurance information, setting up financial arrangements, collecting 

payments, screening clients via telephone, and scheduling admissions, including 

transportation.

6. Defendant, SHADOW MOUNTAIN, LLC, primarily operates a 

business that performs addiction recovery and mental health services in Texas, Utah, 

and New Mexico.

7. Defendant, SHADOW MOUNTAIN, LLC, is a Limited Liability 

Company established under the laws of the State of Nevada.

8. Defendant, SHADOW MOUNTAIN, LLC, (1) possessed the power to 

hire and fire the employees, (2) supervised and controlled employee work schedules 

Case 1:20-cv-00142-RP Document 1 Filed 02/06/20 Page 2 of 6
or conditions of employment, (3) determined the rate and method of payment for 

employees, and (4) maintained employment records. 

9. Defendant, SHADOW MOUNTAIN, LLC, has employees subject to 

the provisions of 29 U.S.C. § 206 in the facility where Plaintiff was employed. 

10. At all times material to this complaint, Defendant, SHADOW 

MOUNTAIN, LLC, employed two or more employees and had an annual dollar 

volume of sales or business done of at least $500,000.00.

11. At all times material to this complaint, Defendant, SHADOW 

MOUNTAIN, LLC, was an enterprise engaged in interstate commerce, operating a 

business engaged in commerce or in the production of goods for commerce as 

defined by § 3(r) and 3(s) of the Act, 29 U.S.C. §§ 203(r)-(s). 

12. At all times material to this Complaint, Defendant was the employer of 

the Plaintiff, and as a matter of economic reality, Plaintiff was dependent upon

Defendant for her employment.

VIOLATION OF THE OVERTIME PROVISIONS OF

THE FAIR LABOR STANDARDS ACT

13. Plaintiff 1) occupied a position as an Admission Coordinator; 2) did not 

hold a position considered as exempt from the overtime provisions of the FLSA; 

and, 3) was never paid any overtime compensation for the work she provided in 

excess of forty (40) hours in a workweek.

14. Defendant’s management required Plaintiff to work in excess of 40 

Case 1:20-cv-00142-RP Document 1 Filed 02/06/20 Page 3 of 6
hours in a workweek.

15. Plaintiff’s regular and recurring schedule was from 9:00 a.m. until 5:00 

p.m., Monday through Friday. Up to November 6, 2019, Plaintiff did not usually 

took a one hour lunch break each workday. After November 6, 2019, Defendant 

required Plaintiff to take a lunch break each workday. Additionally, Plaintiff was 

required to perform on-call time during the evenings and weekends which caused 

her to work in excess of 40 hours per week.

16. Plaintiff worked Plaintiff worked numerous hours of overtime a 

workweek throughout her employment for which she was not compensated at one 

and one-half her regular rate. 

17. Throughout the employment of Plaintiff, Defendant repeatedly and 

willfully violated Sections 7 and 15 of the Fair Labor Standards Act by failing to 

compensate Plaintiff at a rate not less than one and one-half times her regular rate of 

pay for each hour worked in excess of 40 in a workweek. 

18. Defendant either knew about or showed reckless disregard for the 

matter of whether its conduct was prohibited by the FLSA and failed to act diligently 

with regard to its obligations as an employer under the FLSA. 

19. Defendant failed to act reasonably to comply with the FLSA, and so

Plaintiff is entitled to an award of liquidated damages in an equal amount as the 

amount of unpaid overtime pay pursuant to 29 U.S.C. § 216(b).

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20. The acts described in the above paragraphs violate the Fair Labor 

Standards Act, which prohibits the denial of overtime compensation for hours 

worked in excess of 40 per workweek. 

21. As a result of Defendant’s unlawful conduct, Plaintiff is entitled to 

actual and compensatory damages, including the amount of overtime which was not 

paid that should have been paid.

22. Plaintiff is entitled to an award of reasonable and necessary attorneys’

fees, costs, expert fees, mediator fees and out-of-pocket expenses incurred by 

bringing this action pursuant to 29 U.S.C. § 216(b) and Rule 54(d) of the Federal 

Rules of Civil Procedure. 

WHEREFORE, Plaintiff, ABIGAIL TODD, demands Judgment against 

Defendant for the following:

a. Awarding Plaintiff her compensatory damages, service awards, 

attorneys’ fees and litigation expenses as provided by law;

b. Awarding Plaintiff her pre-judgment, moratory interest as provided by 

law, should liquidated damages not be awarded;

c. Awarding Plaintiff liquidated damages and/or statutory penalties as 

provided by law;

d. Awarding Plaintiff such other and further relief as the Court deems just 

and proper. 

JURY TRIAL DEMAND

Plaintiff, ABIGAIL TODD, demands a jury trial on all issues so triable.

Case 1:20-cv-00142-RP Document 1 Filed 02/06/20 Page 5 of 6
Respectfully submitted this February 6, 2020.

ROSS • SCALISE LAW GROUP

1104 San Antonio Street

Austin, Texas 78701

(512) 474-7677 Telephone

(512) 474-5306 Facsimile

Charles@rosslawpc.com

_________________________________

CHARLES L. SCALISE

Texas Bar No. 24064621

DANIEL B. ROSS

Texas Bar No. 789810

ATTORNEYS FOR PLAINTIFF

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