Elizabeth L. Ferguson v. Neighborhood Housing Services of Cleveland, Inc.

780 F.2d 549, 3 Fed. R. Serv. 3d 1385, 27 Wage & Hour Cas. (BNA) 789, 1986 U.S. App. LEXIS 21643, 39 Empl. Prac. Dec. (CCH) 35,828, 39 Fair Empl. Prac. Cas. (BNA) 1163
CourtCourt of Appeals for the Sixth Circuit
DecidedJanuary 3, 1986
Docket84-3678
StatusPublished
Cited by113 cases

This text of 780 F.2d 549 (Elizabeth L. Ferguson v. Neighborhood Housing Services of Cleveland, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Elizabeth L. Ferguson v. Neighborhood Housing Services of Cleveland, Inc., 780 F.2d 549, 3 Fed. R. Serv. 3d 1385, 27 Wage & Hour Cas. (BNA) 789, 1986 U.S. App. LEXIS 21643, 39 Empl. Prac. Dec. (CCH) 35,828, 39 Fair Empl. Prac. Cas. (BNA) 1163 (6th Cir. 1986).

Opinions

JOINER, Senior District Judge.

Defendant/appellant Neighborhood Housing Services of Cleveland, Inc. (“NHS”) appeals from the judgment entered against it and in favor of plaintiff/ap-pellee, Elizabeth Ferguson. The issue raised by NHS in this appeal concerns the trial court’s subject matter jurisdiction over this case.

The litigation began on January 7, 1981, when Ferguson filed suit against her former employer, NHS. Ferguson alleged that NHS unlawfully paid her less money than it had paid her male predecessors for performing the same work. The alleged sex-based wage discrimination occurred from the beginning of 1979 through May of 1980, when Ferguson worked for NHS as an Assistant Director of Rehabilitation Services. The complaint invoked federal jurisdiction pursuant to the Equal Pay Act, 29 U.S.C. § 206(d)(1), which is part of the Fair Labor Standards Act (“FLSA”), 29 U.S.C. §§ 206 et seq., and pursuant to the court’s power “to hear and decide all pendent state claims.”

NHS is a nonprofit Ohio corporation located in Cleveland. It was established to combat housing deterioration in Cuyahoga County. NHS performs this service by helping Cleveland residents secure grants or loans to assist them in physically improving their residences. In addition to helping residents obtain money, NHS employees are available to examine the home, ascertain what work is appropriate or necessary, assist the resident in securing a contractor, and inspect the work to determine whether it has been performed correctly.

Paragraph 3 of Ferguson’s complaint asserts that NHS is an employer within the meaning of § 3(d) of the FLSA, 29 U.S.C. § 203(d). NHS admitted K 3 in its answer to Ferguson’s complaint, and did not challenge its status as an FLSA employer until shortly before the trial was scheduled to begin. Ferguson had moved for leave to file an amended complaint, attaching a copy of the proposed amended complaint to her motion, on April 26, 1984. NHS then mailed to plaintiff’s counsel a proposed second answer denying that the court had subject matter jurisdiction over the case because NHS was not an employer within the meaning of the FLSA. On the morning of trial, plaintiff moved to strike defendant’s proposed second answer. Judge Bat-tisti held an in-chambers conference with the parties before he began the trial. At the conference, Judge Battisti denied plaintiff’s motion to amend the complaint, and also ruled that defendant could not file its second answer.

The jury trial of Ferguson’s Equal Pay Act case thus did not address the issue of the status of NHS as an FLSA employer. The trial began on May 1, and on May 7, 1984, the jury returned a verdict in favor of Ferguson in the amount of $3,441.00. On June 11, 1984, Judge Battisti entered judgment for Ferguson in the amount of $6,882.00, which represents the jury verdict plus an equal amount in liquidated damages. 29 U.S.C. § 216(b). NHS now appeals.

I. Effect of Defendant’s Admission that it is an FLSA Employer

The primary issue presented by this appeal is the significance and effect of NHS’ admission in its answer that it is an employer within the meaning of the FLSA. Ferguson argues that NHS voluntarily made a binding judicial admission. She concludes that this admission precludes NHS from asserting that it is not such an employer, the facts from which, among others, the court obtains jurisdiction to act.

Judicial admissions “eliminate the need for evidence on the subject matter of the [551]*551admission,” as admitted facts are no longer at issue. Seven-Up Bottling Co. v. Seven-Up Co., 420 F.Supp. 1246, 1251 (E.D.Mo.1976), aff’d, 561 F.2d 1275 (8th Cir.1977). Once made, the subject matter of the admission should not be reopened in the absence of a showing of exceptional circumstances. New Amsterdam Casualty Co. v. Waller, 323 F.2d 20, 24 (4th Cir.1963), cert. denied, 376 U.S. 963, 84 S.Ct. 1124, 11 L.Ed.2d 981 (1964). This court has observed that “[ujnder federal law, stipulations and admissions in the pleadings are generally binding on the parties and the Court.” Brown v. Tennessee Gas Pipeline Co., 623 F.2d 450, 454 (6th Cir.1980) (citations omitted). Not only are such admissions and stipulations binding before the trial court, but they are binding on appeal as well. See, e.g., Glick v. White Motor Co., 458 F.2d 1287, 1291 (3d Cir.1972).

NHS contends that its admission does not preclude it from challenging federal subject matter jurisdiction. It argues that “no action of the parties can confer subject-matter jurisdiction upon a federal court,” quoting Insurance Corp. of Ireland v. Compagnie des Bauxites de Guinee, 456 U.S. 694, 702, 102 S.Ct. 2099, 2104, 72 L.Ed.2d 492 (1982). While NHS correctly quotes Compagnie des Bauxites, it overlooks the distinction between an admission that federal subject matter jurisdiction exists, and an admission of facts serving in part to establish federal subject matter jurisdiction. As the Supreme Court stated in an early case:

Consent of parties cannot give the courts of the United States jurisdiction, but the parties may admit the existence of facts which show jurisdiction, and the courts may act judicially upon such an admission.

Railway Co. v. Ramsey, 89 U.S. 322, 327, 22 Wall. 322, 22 L.Ed. 823 (1874); United States v. Anderson, 503 F.2d 420, 422 (6th Cir.1974) (quoting Ramsey). See also Wright v. Olin Corp., 697 F.2d 1172, 1177 n. 2 (4th Cir.1982) (finding that “properly drafted stipulations” of jurisdictional facts could serve to establish federal subject matter over a case).

Turning to NHS’ admission that it is an FLSA employer, this court concludes that NHS has admitted a fact and the establishment of that fact creates federal subject matter jurisdiction. The admission does not constitute NHS’ consent to subject matter jurisdiction itself, which no party may validly give, but it does constitute a statement that NHS is a type of employer. Compagnie des Bauxites, supra. The law then gives to the federal courts jurisdiction over cases against that type of employer.

The rule that jurisdictional facts which are admitted by the parties may establish subject matter jurisdiction over a ease is a salutory one that promotes speedy and inexpensive litigation. Rule 11

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780 F.2d 549, 3 Fed. R. Serv. 3d 1385, 27 Wage & Hour Cas. (BNA) 789, 1986 U.S. App. LEXIS 21643, 39 Empl. Prac. Dec. (CCH) 35,828, 39 Fair Empl. Prac. Cas. (BNA) 1163, Counsel Stack Legal Research, https://law.counselstack.com/opinion/elizabeth-l-ferguson-v-neighborhood-housing-services-of-cleveland-inc-ca6-1986.