Greenberg v. Johnson Controls Inc.

CourtDistrict Court, E.D. Pennsylvania
DecidedJuly 10, 2025
Docket2:24-cv-02521
StatusUnknown

This text of Greenberg v. Johnson Controls Inc. (Greenberg v. Johnson Controls Inc.) is published on Counsel Stack Legal Research, covering District Court, E.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Greenberg v. Johnson Controls Inc., (E.D. Pa. 2025).

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

JOHNATHAN GREENBERG, : CHRISTOPHER GALE, ROBERT GIZA, and : MICHAEL TURRIZIANI : : : Civil Action Plaintiffs, : : No. 2:24-cv-02521 v. : : JOHNSON CONTROLS, INC., : : Defendant. :

MEMORANDUM OPINION July 10, 2025 I. INTRODUCTION Before this Court is Defendant Johnson Controls Inc.’s (JCI) Motion to Transfer Venue to the U.S. District Court for the Eastern District of Wisconsin pursuant to 28 U.S.C. § 1404 (Dkt. 33) and Plaintiffs’ Motion to Compel Deposition of Blake Lea Ewing (Ewing) and for Sanctions for Refusal to Produce Ewing Pursuant to Fed. R. Civ. P. 37(d)(1) (Dkt. 36). JCI’s Motion highlights the fact that this matter is inextricably linked to overlapping litigation in several jurisdictions around the nation – revealing certain practical considerations impacting the efficiency and feasibility of further litigation here in the Eastern District of Pennsylvania. For the reasons set forth below, JCI’s Motion is granted, and this action will be transferred to the Eastern District of Wisconsin. Relatedly, Plaintiffs’ Motion to Compel and for Sanctions is denied. II. BACKGROUND AND PROCEDURAL POSTURE

Prior to this matter being administratively relisted to the Undersigned, it was presided over by Judge John Milton Younge. The Honorable Judge Younge aptly summarized the facts of this case as it relates to the above-named parties as follows: This litigation, involving both company employees and management, stems from a disagreement over the commission payment structure utilized by Defendant [JCI] in the employment of Plaintiffs Jonathan Greenberg, Christopher Gale, Robert Giza, and Michael Turriziani. Plaintiffs are HVAC Account Executives, who serve as commissioned salespersons of HVAC systems to commercial enterprises through JCI's Horsham, PA branch office. Plaintiffs have been employed by JCI for 12 to 19 years and each has held their position during the pertinent period in question.

Payment of commissions to Account Executives is governed by JCI's written incentive [compensation] plan, by which the Plaintiffs have received compensation during each year of their employment with JCI. In this action, the specific incentive plan that is in dispute is entitled “Incentive Plan – HVAC Smart Building, Complex and Account Sales” (the “2023 Plan”). The 2023 Plan went into effect on October 1, 2022 and expired on September 30, 2023. According to [Plaintiffs’] representation of the plan, for most sales, Account Executives were due commissions of 6% of the profits of each sale. Of this commission, Plaintiffs were to be paid 20 to 25% of the total commissions at the time a sale is booked, while the balance of 75 to 80% percent of the commissions were to be paid to Plaintiffs over the duration of the project until the job transferred to warranty. The Plaintiffs further allege that irrespective of whether booked jobs were completed during the time when the 2023 plan was in effect or in subsequent years thereafter, the incentive plan required that Plaintiffs be paid all remaining commissions owed one month after the completed jobs went to warranty.

Plaintiffs allege they booked substantial sales during the period the 2023 plan was in effect and that JCI paid Plaintiffs 25% of their commission 30 days after each job was booked. JCI also paid Plaintiffs their remaining commission for the booked jobs that went to warranty during this period. At the conclusion of the period that the 2023 Plan was in effect, several of Plaintiffs’ booked jobs were not completed to warranty, leaving balances of what Plaintiffs assert they are owed as commissions for said jobs that would later be completed to warranty. According to a spreadsheet provided to Plaintiffs by JCI that tracked their “Estimated Remaining Incentive,” Plaintiffs were expecting the following commissions: $188,725 for Greenberg, $137,885 for Gale, $184,745 for Giza, and $206,260 for Turriziani.

After the 2023 Plan expired, JCI implemented a 2024 Incentive Plan (the “2024 Plan”) in November 2023. The 2024 Plan contained a new commission payment structure for HVAC sales that differed from the 2023 Plan, including paying out commissions at the time the job is booked. In addition to implementing new terms for future jobs, the 2024 Plan also provided that JCI would not pay commissions from jobs that were booked under the 2023 Plan but not completed to warranty as of November 1, 2023. As such, Plaintiffs would not be paid the above- mentioned commission balances that they expected.

Plaintiffs commenced this action against JCI on June 10, 2024, alleging breach of contract (Count I), promissory estoppel (Count II), and unjust enrichment (Count III) claims, all of which they allege also amount to violations of the Pennsylvania Wage Payment and Collection Law (“WCPL”).

Greenberg v. Johnson Controls, Inc., No. 24-CV-2521-JMY, 2024 WL 4293056, at *1 – *2 (E.D. Pa. Sept. 25, 2024) (Younge, J.) (emphasis added) (record and docket citations omitted). Judge Younge dismissed Plaintiffs’ promissory estoppel and unjust enrichment claims. Only the breach of contract claim remains. See id. at *4. As suggested above, Plaintiffs here are not the only aggrieved employees suing JCI for its alleged failure to pay commissions consistent with the 2023 Plan. See Pls.’ Resp. at 2, n.1 (Dkt. 34); Def’s Br. in Support at 3-5 (Dkt. 33-1). Between January and March of 2024, at least six separate suits in several different jurisdictions allege the same or similar behavior on the part of JCI. a. Wisconsin Class Action On January 12, 2024, six commissioned salespersons from Kansas and Missouri filed a class action complaint in the United States District Court for the

Eastern District of Wisconsin, where JCI is headquartered and maintains its principal place of business. See Novin et al. v. Johnson Controls, Inc., Case No. 2:24- cv-00046-PP. That complaint was later amended to include 22 complainants from 13 states. The parties here seem to agree for the purposes of this litigation that Novin represents the “first-filed” action regarding JCI’s alleged failure to abide by its

incentive compensation plans. We will come back to Wisconsin momentarily. b. Michigan Litigation Next, a Macomb County, Michigan, employee sued JCI in Michigan state court on January 18, 2024. JCI subsequently removed to the United States District Court for the Eastern District of Michigan, and that Court dismissed the complaint pursuant to Fed. R. Civ. P. 12(b)(6).1 See Konczak v. Johnson Controls, Inc., No. 24- 10431, 2025 WL 824130, at *1 (E.D. Mich. Mar. 14, 2025). Notice of appeal was filed

on March 19, 2025, and is currently pending before the 6th Circuit.

1 Plaintiffs’ counsel here (Sharp) is counsel of record in the Konczak action. Based on this Court’s cursory review of the Konczak docket, that Court dismissed the complaint based on substantive Michigan state contract law. Separately, JCI asserts there are three similar cases pending in Michigan state court in which the complainants are all represented by Sharp. According to JCI, these cases lack a basis for federal jurisdiction (presumably amount in controversy) and have not been removed. c. New York Litigation In February 2024, two complainants (Pagano and Halfter) filed separate actions against JCI in the United States District Court for the Southern District of

New York.2 See Pagano v. Johnson Controls, Inc., No. 24-CV-01020, 2025 WL 786535, at *1 (S.D.N.Y. Mar. 12, 2025). JCI filed motions to dismiss in each of the New York actions.

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Greenberg v. Johnson Controls Inc., Counsel Stack Legal Research, https://law.counselstack.com/opinion/greenberg-v-johnson-controls-inc-paed-2025.