In a lawsuit filed on April 12, 2024, Mitchell W. Zivin is suing Percy Macias, Isidoro Pena, Isabel Pena, Jerson Mejia, Uzedrick Killings, Ivan Magana, Adrian Mancera, Rosa Gutierrez, Roger Guevara and Guillermo Villarreal in the District Court of Harris County, Texas (Case ID: 2024-23608). The plaintiff alleges that the defendants abused the legal process to extort money from him.
Zivin is the sole owner of FR Commercial LLC (FR), Catapult Painting LLC (CP), NARS Industries LLC (NARS) and has an interest in BBP Industries LLC (BBP). All defendants had previously worked for one or more of these companies. The defendants had earlier filed a collective action lawsuit against Zivin under the Fair Labor Standard Act in the United States District Court for the Southern District of Texas.
Zivin alleges that this previous lawsuit was part of an ulterior motive to extort money from him. He claims that he has been damaged as a result of this alleged abuse of process.
In his petition, Zivin seeks judgment against each defendant for their individual and collective actions. He also seeks recovery of damages caused by their alleged illegal activities.