Bowler v. AlliedBarton Security Services, LLC

123 F. Supp. 3d 1152, 2015 U.S. Dist. LEXIS 105767, 2015 WL 4771711
CourtDistrict Court, E.D. Missouri
DecidedAugust 12, 2015
DocketCase No. 4:15CV600NCC
StatusPublished
Cited by9 cases

This text of 123 F. Supp. 3d 1152 (Bowler v. AlliedBarton Security Services, LLC) is published on Counsel Stack Legal Research, covering District Court, E.D. Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bowler v. AlliedBarton Security Services, LLC, 123 F. Supp. 3d 1152, 2015 U.S. Dist. LEXIS 105767, 2015 WL 4771711 (E.D. Mo. 2015).

Opinion

MEMORANDUM AND ORDER

NOELLE C. COLLINS, United States Magistrate Judge.

Before the court is the Motion to Remand filed by Plaintiffs Steve Bowler, Dwight Watson, Chris Kassab, Paula Ant-kowiak, and Matthew Doubet (jointly, Plaintiffs). (Doc. 6). Also before the court are Plaintiffs’ Motion for Attorney’s Fees Under 28 U.S.C. § 1447(c) (Doc. 8), and the Motion for Reconsideration and Dissolution of Court Order on Plaintiffs’ Emergency Motion to Enjoin Defendant’s Contact with Putative Class Members filed by Defendant AlliedBarton Security Services, LLC, (Defendant) (Doc. 14). The matters are fully briefed and ready for disposition.1 The parties have consented to the jurisdiction of the undersigned Unit[1154]*1154ed States Magistrate Judge pursuant to Title 28 U.S.C. § 636(c). (Doc. 27).

I.

BACKGROUND

On February 24, 2015, Plaintiffs, who are Security Officers employed by Defendant,, filed a Petition in the Circuit Court of the City of St. Louis, Missouri. On April 9, 2015, Defendant removed this matter from the Circuit Court of the City of St. Louis to federal court based on this court’s federal question jurisdiction, as conferred by 28 U.S.C. § 1331 (“The district courts shall have original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States.”).

On April 10, 2015, Plaintiffs filed a First Amended Class Action Petition adding Matthew Doubet as a named Plaintiff. (Doc. 12). The allegations of the First Amended Class Action Petition track the original allegations, as they relate to-Defendant’s practice of failing to properly pay its Security Officers in Missouri the straight-time and overtime wages to which they are allegedly entitled by law. Specifically, Plaintiffs claim that Defendant requires its Missouri-based Security Officers to work and remain at their posts, without relief, during purported thirty-minute meal breaks, ancLthat Defendant does not pay the Security Officers for this thirty-minute period.

Plaintiffs bring Count I pursuant to Mo. Rev.Stat. § 290.5052 and Mo.Rev.Stat. § 290.5273 “for Underpayment of Overtime Wages and Liquidated Damages.” In Count II, Plaintiffs allege Breach of Contract based on Defendant’s employee handbook, which sets forth employee hourly wages and provides “time-and-half for overtime beyond the 40-hour workweek.” Plaintiffs bring Count III pursuant to Quantum Meruit for payment of “the fair and reasonable value of their services” and “the fair and reasonable value of their overtime.”4 Plaintiffs ask that the matter [1155]*1155be certified as a class action under Missouri Supreme Court Rule 52.08. For relief, Plaintiffs seek compensatory damages for themselves and other Class Members, reasonable attorney’s fees and costs, statutory liquidated double damages under Count I, and other relief as the court deems just and proper.

In support of their Motion to Remand, Plaintiffs argue that this court does not have federal question jurisdiction because the First Amended Class .Action Petition only alleges causes of. action pursuant to State law; it does not allege a federal cause of action. Also, Plaintiffs have moved the court to order Defendant to compensate them for attorney’s fees which they incurred as a result of Defendant’s alleged improper removal. Defendant argues, for numerous reasons, that its removal of this matter was proper and that, even if this court should remand this matter, Plaintiffs should not be awarded attorney’s fees. The court will address the parties’ arguments below.

II.

LEGAL FRAMEWORK

Except as otherwise expressly provided by Congress, civil actions for which the district courts of the United State have original jurisdiction may be removed from State court to federal district court. 28 U.S.C. §§ 1441(a), 1446. A party opposing removal may file a motion to remand to State court. 28 U.S.C. § 1447(c). The party removing and opposing remand has the burden of establishing federal subject matter jurisdiction. Iowa Lamb Corp. v. Kalene Indus., Inc., 871 F.Supp. 1149, 1154 (8th Cir.1994); In re Business Men’s Assur. Co. of America, 992 F.2d 181, 182 (8th Cir.1983) (per curiam). Upon considering a motion to remand, a district court is “required to resolve all doubts about federal jurisdiction in favor of remand.” Business Men’s Assurance, 992 F.2d at 182 (citing Steel Valley Auth. v. Union Switch & Signal Div., 809 F.2d 1006, 1010 (3d Cir.1987)).

“The presence or absence of federal-question jurisdiction is governed by the ‘well-pleaded complaint rule,’ which provides that federal jurisdiction exists only when a federal question is presented on the face .of t]ie plaintiffs properly pleaded complaint.” Caterpillar Inc. v. Williams, 482 U.S. 386, 392, 107 S.Ct. 2425, 96 L.Ed.2d 318 (1987) (quoting Gully v. First Nat’l Bank, 299 U.S. 109, 112-113, 57 S.Ct. 96, 81 L.Ed. 70 (1936)). See also Gaming Corp. of America v. Dorsey & Whitney, 88 F.3d 536, 542 (8th Cir.1996) (“The ‘well-pleaded complaint rule’ requires that a federal cause of action must be stated on the face of the complaint before the defendant may remove the action based on federal question jurisdiction.”) (quoting Caterpillar, 482 U.S. at 392, 107 S.Ct. 2425). Because federal law provides that plaintiffs ai?e the “masters of [their claims], [plaintiffs] may avoid federal jurisdiction by exclusive reliance on state law.” Caterpillar, 482 U.S. at 392, 107 S.Ct. 2425.

Even in situations where a cause of action based on a federal statute does not appear on the face of the complaint, such as in the matter under consideration, preemption based on a federal statutory scheme may apply in circumstances where “the pre-emptive force of a statute is so extraordinary that it converts an ordinary state common-law complaint into one stating a federal claim.” Caterpillar, 482 U.S. at 393, 107 S.Ct. 2425 (internal quotation and citation omitted). See e.g., Metro. Life Ins. Co. v. Taylor, 481 U.S. 58, 65, 107 S.Ct. 1542, 95 L.Ed.2d 55 (1987) (where [1156]*1156former employee alleged breach of contract, retaliatory discharge, and wrongful termination of disability benefits in state court complaint, Court held that former employee’s claims were preempted by the Employee Retirement and Income Security Act (ERISA); plaintiffs claims were necessarily federal in character; and, therefore, removal under 28 U.S.C.

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123 F. Supp. 3d 1152, 2015 U.S. Dist. LEXIS 105767, 2015 WL 4771711, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bowler-v-alliedbarton-security-services-llc-moed-2015.