Ellmore v. Ditech Funding Corporation and GMAC Mortgage

Ellmore, et al. v. GMAC Mortgage and Ditech Funding Corporation(dba ditech.com) was a collective action under the Fair Labor Standards Act and a class action under California state law for overtime compensation on behalf of current and former loan agents and loan processors employed in the Orange County ditech.com facilities.  The basis of the complaint was that employees in those categories were misclassified as exempt and therefore were improperly deprived of overtime pay despite their long hours of work on a regular basis.  The case was filed on January 22, 2001 in federal district court in Santa Ana, California.  Goldstein, Borgen, Dardarian & Ho prosecuted this case with our co-counsel Mower & Carreon in Irvine, California.  After over a year of litigation, during which the case split into two parts against the two different companies that owned and operated ditech.com during two different parts of the liability period, we settled the case on a classwide basis for $9,650,000.