Covington v. German Wise Dental LLC

CourtDistrict Court, W.D. Washington
DecidedMarch 25, 2024
Docket3:20-cv-06173
StatusUnknown

This text of Covington v. German Wise Dental LLC (Covington v. German Wise Dental LLC) is published on Counsel Stack Legal Research, covering District Court, W.D. Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Covington v. German Wise Dental LLC, (W.D. Wash. 2024).

Opinion

1 2 3 4

5 6 7 UNITED STATES DISTRICT COURT 8 WESTERN DISTRICT OF WASHINGTON AT TACOMA 9 10 AUSTIN COVINGTON, CASE NO. 3:20-cv-06173-LK 11 Plaintiff, FINDINGS OF FACT AND 12 v. CONCLUSIONS OF LAW 13 SAM WISE, 14 Defendant. 15

16 I. INTRODUCTION 17 Plaintiff Austin Covington sued Dr. Sam Wise and his dental practice, German Wise 18 Dental, LLC (collectively, “Defendants”), alleging, among other claims, that Dr. Wise willfully 19 withheld his wages in violation of Section 49.52.050 of the Revised Code of Washington. Dkt. 20 No. 1 at 21–22. Mr. Covington contended that Defendants failed to pay him $4,500 in bonuses that 21 he was owed collectively for September, October, and November 2019, and for 10 hours of work 22 on November 18, 2019. Id. at 22. He also averred that Defendants acted willfully and with intent 23 to deprive him of wages, thereby entitling him to double damages. Id. 24 1 This case was initially slated for trial in April 2022. Dkt. No. 14. However, the Court struck 2 the parties’ pretrial submissions as well as the trial because those submissions violated the Local 3 Civil Rules, the Court’s chambers procedures, and the Court’s scheduling order. See generally 4 Dkt. No. 44; see also Dkt. No. 103 at 2. Amid the parties’ efforts to file compliant pretrial

5 submissions, Defendants’ counsel moved to withdraw. Dkt. No. 58. Magistrate Judge J. Richard 6 Creatura granted the motion, Dkt. No. 76, and shortly thereafter, German Wise Dental, LLC filed 7 a voluntary petition in bankruptcy in the United States Bankruptcy Court for the Western District 8 of Washington. Dkt. Nos. 77–80. Pursuant to 11 U.S.C. § 362, all proceedings in the case against 9 that entity were immediately stayed. That stay has not been lifted. The Court requested a joint 10 status report from the parties regarding whether Mr. Covington wanted to proceed to trial with his 11 claim against Dr. Wise, and Mr. Covington responded in the affirmative. Dkt. No. 82 at 2–3; Dkt. 12 No. 83 at 1–2. 13 Trial was then scheduled for February 21, 2023, and the parties agreed to a bench trial. 14 Dkt. No. 84 at 1; Dkt. No. 87 at 1–2. Because Dr. Wise was proceeding pro se, the Court held

15 several pretrial conferences with the parties starting in December 2022 to ensure that Dr. Wise 16 understood the process and his obligations as a pro se litigant. Dkt. Nos. 86, 89, 104. Still, problems 17 ensued. Dr. Wise violated the Court’s scheduling order, Dkt. No. 92, by failing to file a proposed 18 pretrial order by January 31, 2023. Dkt. No. 98 at 2. The Court issued a show cause order requiring 19 him to either file a pretrial order or, to the extent he agreed with the proposed pretrial order 20 submitted by Mr. Covington, to submit a signed signature page to that proposed order. Id. Dr. Wise 21 did not do either and refused to cooperate with Mr. Covington to file the proposed pretrial order. 22 See Dkt. No. 99 at 1–2; Dkt. No. 100; Dkt. No. 103 at 2–3. He also failed to file a trial brief. Dkt. 23 No. 103 at 3. And both parties failed to file proposed findings of fact and conclusions of law by

24 the February 7, 2023 deadline. Dkt. No. 92 at 2; Dkt. No. 103 at 3. 1 The Court imposed sanctions. Because both parties violated the Court’s scheduling order 2 by failing to file proposed findings of fact and conclusions of law by the deadline, even though the 3 Court reminded them of that deadline during the December 15, 2022 status conference, the Court 4 limited the trial to one day and a total of 3.25 hours of time per side to present arguments and

5 testimony. Dkt. No. 103 at 5. Because Dr. Wise failed to cooperate in drafting the proposed pretrial 6 order, failed to file a proposed pretrial order, and failed to remedy any of those deficiencies despite 7 the Court’s orders and warnings, the Court imposed the sanction that it previously warned Dr. 8 Wise it would levy: the Court accepted the Plaintiff’s Second Amended Pretrial Order as the 9 pretrial order in this case, except (1) the Court deemed as stipulated the admissibility of all 10 Plaintiff’s exhibits listed on page 4 of the Second Amended Pretrial Order; and (2) the Court struck 11 all witnesses listed as testifying on behalf of Defendant—other than Mr. Covington and Dr. 12 Wise—on page 3 of the Second Amended Pretrial Order. Id. at 5–6; see also Dkt. No. 98 at 2–3. 13 And as a sanction for Dr. Wise’s “fail[ure] to file a trial brief or provide any explanation for that 14 failure,” the Court deemed Dr. Wise’s affirmative defenses abandoned. Dkt. No. 103 at 6.

15 The parties then proceeded with a one-day virtual bench trial on Mr. Covington’s willful 16 withholding of wages claim. See Dkt. No. 111. At the start of the trial, Mr. Covington withdrew 17 his claim for compensation for 10 hours of work on November 18, 2019. Trial Transcript (“Tr.”), 18 Dkt. No. 117 at 4–5. Mr. Covington also attempted to add a new claim for damages for his earned 19 but unpaid time off, but the Court disallowed the claim because it was not in Mr. Covington’s 20 pretrial submissions or in the Court’s signed Pretrial Order. Id. at 4; Dkt. No. 110 (pretrial order); 21 see also Fed. R. Civ. P. 16(e) (a “court may modify the order issued after a final pretrial conference 22 only to prevent manifest injustice.”); see also Johnson v. Mammoth Recreations, Inc., 975 F.2d 23 604, 608 (9th Cir. 1992). Mr. Covington did not move to amend the pretrial order or demonstrate

24 1 manifest injustice. Therefore, the trial focused solely on whether Dr. Wise wrongfully and/or 2 willfully refused to pay Mr. Covington bonuses allegedly owed to him. Tr. 5. 3 Mr. Covington and Dr. Wise testified at trial; neither called additional witnesses. Dkt. Nos. 4 111–112. Mr. Covington submitted seven exhibits. See Dkt. No. 113 at 1 (Exs. 3–9); Dkt. No. 111

5 (minute entry listing exhibits admitted).1 Dr. Wise submitted two exhibits, one of which the Court 6 ruled inadmissible as hearsay. See Dkt. No. 113 at 1 (Ex. 519 refused; Ex. 534 admitted); Tr. 128– 7 131. 8 At the conclusion of the trial, the Court informed the parties that they could file post-trial 9 briefs and proposed findings of fact and conclusions of law within 30 days. Tr. 158. The parties 10 timely did so. Dkt. Nos. 114, 118–120. 11 Having heard the testimony of the witnesses, considered the exhibits in evidence, and 12 reviewed the post-trial briefs and proposed findings of fact and conclusions of law, the Court enters 13 the following findings of fact and conclusions of law. See Fed. R. Civ. P. 52(a)(1).2 14 II. FINDINGS OF FACT

15 1. Dr. Wise hired Mr. Covington to work as the Clinic Director of Operations at 16 German Wise Dental, LLC d/b/a Lower Columbia Oral Health (“LCOH”) starting on August 5, 17 2019. Dkt. No. 110 at 2; Tr. 25, 80; Ex. 6 at 4. 18 2. Mr. Covington had a written employment contract with Defendants. Tr. 13, 15, 140; 19 Ex. 6 at 4. Mr. Covington drafted that contract. Tr. 25, 141. 20 21

1 The Court admitted only pages 1–4 of Mr. Covington’s Exhibit 4 because pages 5–9 were not in an authentic form. 22 Tr. 28. Dr. Wise objected to the admission of the exhibit because he contended that he did not sign the document; the Court found that his objection to the exhibit was untimely. Id. at 31. 23 2 To the extent any of the Court’s findings of fact may be deemed conclusions of law, they shall also be considered conclusions of law. Similarly, to the extent any of the Court’s conclusions of law may be deemed findings of fact, 24 they shall also be considered findings of fact. 1 3. Dr. Wise signed Mr. Covington’s employment contract. Tr. 36–37, 40.

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Covington v. German Wise Dental LLC, Counsel Stack Legal Research, https://law.counselstack.com/opinion/covington-v-german-wise-dental-llc-wawd-2024.