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IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF ARIZONA 

Joanne Zuniga, et al., 

 Plaintiffs, 

v. 

Fiesta Pediatric Therapy Inc., et al., 

 Defendants.

No. CV-15-1978-PHX-DKD

FINAL JUDGMENT RESOLVING 

ALL CLAIMS AGAINST 

ALL PARTIES 

Fiesta Pediatric Therapy, Inc., et al.,

Counterclaimants, 

v. 

Joanne Zuniga, et al., 

Counterdefendants. 

 This action came for consideration before the Court through a four-day bench trial 

held on April 2, 3, 4, and 5, 2018 to address Plaintiff, Joanne Zuniga’s (“Joanne”) claim 

for failure to pay overtime wages under the Fair Labor Standards Act. Prior to the bench 

trial, this Court had issued an Order (Doc. 150) summarily dismissing Defendants’ claims 

against Joanne for violation of the Computer Fraud and Abuse Act, breach of her duty of 

loyalty, and misappropriation. This Court had also ordered that the Trustee in 

Bankruptcy was dismissed from this matter (Doc. 150 based in part on Docs. 127 and 128 

at 2). 

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 The Court has considered the post-trial briefing regarding whether Beth 

Williamson is deemed to be an employer under the Fair Labor Standard Act. Applying 

the four part test set forth in Bonnette v. Cal. Health and Welfare Agency, 704 F.2d 1465, 

1470 (9th Cir. 1983), the Court concludes based on the trial testimony that Beth 

Williamson as the ultimate decision maker of Fiesta Pediatric Therapy, Inc. had the 

power to hire and fire employees, to supervise and control employee work schedules, set 

conditions of employment, and determine the rate and method of payment. In addition, 

as the undisputed leader of the enterprise Williamson had ultimate responsibility for the 

employee records. Randy Williamson’s role in the enterprise however did not satisfy 

these elements of employer liability under the Fair Labor Standard Act. Nevertheless. he 

remains a judgment debtor pursuant to his membership in the marital community with 

Beth Williamson during the relevant time period. 

 Having considered the issues at the bench trial, 

IT IS ORDERED AND ADJUDGED that judgment is entered in favor of Joanne 

Zuniga and against Defendants Fiesta Pediatric Therapy, Inc., Beth Williamson 

individually, and Beth Williamson and Randy Williamson, as then husband and wife, for 

damages in the principal amount of $15,450.016, which represents payment of overtime 

wages in the amount of $7,725.08, plus liquidated damages thereon. Interest will accrue 

at the federal legal rate 2.08% per annum from the date of this Judgment until paid in full, 

which represents the weekly average 1-year constant maturity Treasury yield, as 

published by the Board of Governors of the Federal Reserve System, as of April 11, 

2018. See 28 U.S.C. § 1961. 

 Defendants’ counter claims against Plaintiff Zuniga for violation of the Computer 

Fraud and Abuse Act, breach of her duty of loyalty, and misappropriation are dismissed. 

 This Final Judgment resolves all claims against all parties. 

. . . 

. . . 

. . . 

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 Joanne Zuniga is directed to file a motion for an award of attorney fees and 

nontaxable expenses pursuant to LRCiv 54.2 and a bill of taxable costs pursuant to 

LRCiv 54.1 within 14 days from entry of this Final Judgment. 

 Dated this 27th day of April, 2018. 

Case 2:15-cv-01978-DKD Document 186 Filed 04/27/18 Page 3 of 3