David v. Signal International, LLC

37 F. Supp. 3d 822
CourtDistrict Court, E.D. Louisiana
DecidedAugust 12, 2014
DocketCivil Action Nos. 08-1220, 12-557, 13-6218, 13-6219, 13-6220, 13-6221, 14-732
StatusPublished
Cited by3 cases

This text of 37 F. Supp. 3d 822 (David v. Signal International, LLC) is published on Counsel Stack Legal Research, covering District Court, E.D. Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
David v. Signal International, LLC, 37 F. Supp. 3d 822 (E.D. La. 2014).

Opinion

ORDER AND REASONS

SUSIE MORGAN, District Judge.

Before the Court is a 12(c) Motion for Partial Judgment on the Pleadings1 and a 12(b)(6) Motion to Dismiss,2 both filed by Signal International, LLC (“Signal”), as well as a 12(c) Motion for Partial Judgment on the Pleadings filed by Burnett.3 Plaintiffs oppose all of the motions.4 Considering the briefs, the record, and the parties arguments at oral argument, the court rules as follows.

FACTUAL AND PROCEDURAL BACKGROUND

Plaintiffs are twelve citizens of India who secured H-2B visas to work in the United States for Signal in the aftermath of Hurricane Katrina. Plaintiffs allege the [825]*825Defendants5 recruited them to work as temporary workers for Signal and forced them to pay inbound travel expenses, visa expenses, and other recruiting expenses. Plaintiffs allege they were induced by Defendants to pay such sums because Defendants knowingly made false promises and representations regarding “the nature and terms and conditions of the immigration and work opportunities offered.”6 Plaintiffs also claim they were discriminated against and subjected to forced labor as welders, pipefitters, and marine fabrication workers at Signal’s facilities in Pascagoula, Mississippi and Orange, Texas. Once Plaintiffs arrived at Signal facilities in the United States, Plaintiffs claim Signal forced the workers to live in deplorable conditions and used various tactics to compel the Plaintiffs to continue working for Signal.

Plaintiffs allege Signal and Burnett violated the Trafficking Victims Protection Act of 2003 (“TVPRA”)(18 U.S.C. § 1589), the Racketeer Influenced and Corrupt Organizations Act (“RICO”) (18 U.S.C. § 1962 et seq.), and the Klu Klux Klan Act (42 U.S.C. § 1985).7 Plaintiffs claim Signal violated the Civil Rights Act of 1866 (42 U.S.C. § 1981) (“Section 1981”) and the Fair Labor Standards Act (“FLSA”)(29 U.S.C. § 201 et seq.)8 Additionally, Plaintiffs bring claims against Signal and Burnett for fraud, negligent misrepresentation, and breach of contract under state law.

Signal filed a 12(c) Motion for Partial Judgment on the Pleadings seeking to dismiss Plaintiffs’ state law claims, claim for recruitment fees under Section 1981, and claim for recruitment fees, inbound travel expenses, and visa expenses under FLSA contained in Plaintiffs’ third amended complaint.9 The Court thereafter ordered Plaintiffs to file fourth and fifth amended complaints to clarify their causes of action and to state which law their state law claims arise under.10 After Plaintiffs filed their fifth amended complaint, Signal filed a 12(b)(6) Motion to Partially Dismiss Plaintiffs’ state law claims, putting forth the same arguments as its Rule 12(c) motion, and additionally asking the Court to decline to exercise jurisdiction over Plaintiffs’ state law claims.11 Burnett filed a Rule 12(c) Motion for Partial Judgment on the Pleadings seeking to dismiss the TVPRA, RICO, and the Klu Klux Klan Act claims in Plaintiffs’ fourth amended complaint, as well as Plaintiffs’ state law claims for fraud and negligent misrepresentation.12

Plaintiffs then sought and obtained leave to file a sixth amended complaint to add various Signal entities as defendants.13 In Plaintiffs’ sixth amended complaint, they do not seek recruitment fees under Section 1981. Plaintiffs seek “compensatory damages for the deprivation of Plaintiffs’ civil rights during their time in Signal’s Pas-[826]*826cagoula, Mississippi and/or Orange, Texas employment up to the point at which each Plaintiffs’ employment at Signal was terminated.” 14 Plaintiffs do not pray for compensatory damages related to the recruitment fees they incurred prior to or after working at Signal under Section 1981. Accordingly, Signal’s 12(c) Motion for Judgment on the Pleadings seeking dismissal of Plaintiffs’ claim for recruitment fees under Section 1981 is DENIED AS MOOT.. However, with respect to the remaining issues raised in both Signal’s and Burnett’s motions, the amended complaints have not rendered any of those issues moot. Accordingly, the Court will rale on each motion in turn.

STANDARD OF LAW

Signal and Burnett’s motions under Rule 12(b)(6) and Rule 12(c) are governed by the same legal standard. The standard for dismissal under Rule 12(c) is the same as that for dismissal for failure to state a claim under Rule 12(b)(6). Johnson v. Johnson, 385 F.3d 503, 528 (5th Cir.2004). Pursuant to Federal Rule of Civil Procedure 12(b)(6), a district court may dismiss a complaint, or any part of it, for failure to state a claim upon which relief may be granted if the plaintiff has not set forth factual allegations in support of his claim that would entitle him to relief. Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007); Cuvillier v. Taylor, 508 F.8d 397, 401 (5th Cir.2007). As the Fifth Circuit explained in Gonzalez v. Kay:

“Factual allegations must be enough to raise a right to relief above the speculative level.” Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007). The Supreme Court recently expounded upon the Twombly standard, explaining that “[t]o survive a motion to dismiss, a complaint must contain sufficient factual matter, accepted as true, to ‘state a claim to relief that is plausible on its face.’ ” Ashcroft v. Iqbal, 556 U.S. 662, 129 S.Ct. 1937, 1949, 173 L.Ed.2d 868 (2009) (quoting Twombly, 550 U.S. at 570, 127 S.Ct. 1955). “A Claim has- facial plausibility when the plaintiff pleads factual-content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.” Id. It follows that “where the well-pleaded facts do not permit the court to infer more than the mere possibility of misconduct, the complaint has alleged — but it has not ‘show[n]’- — that the pleader is entitled to relief.” Id. at 1950 (quoting Fed.R.Civ.P. 8(a)(2)).

577 F.3d 600, 603 (5th Cir.2009).

The Court cannot look beyond the factual allegations in the pleadings to determine whether relief should be granted. See Spivey v. Robertson,

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255 F. Supp. 3d 753 (N.D. Illinois, 2017)

Cite This Page — Counsel Stack

Bluebook (online)
37 F. Supp. 3d 822, Counsel Stack Legal Research, https://law.counselstack.com/opinion/david-v-signal-international-llc-laed-2014.