Hamm v. Southern Ohio Medical Center

275 F. Supp. 3d 863
CourtDistrict Court, S.D. Ohio
DecidedMarch 10, 2017
DocketCase No. 1:16-cv-935
StatusPublished
Cited by36 cases

This text of 275 F. Supp. 3d 863 (Hamm v. Southern Ohio Medical Center) is published on Counsel Stack Legal Research, covering District Court, S.D. Ohio primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hamm v. Southern Ohio Medical Center, 275 F. Supp. 3d 863 (S.D. Ohio 2017).

Opinion

ORDER:

(1) GRANTING PLAINTIFF’S MOTION FOR CONDITIONAL CERTIFICATION AND NOTICE (Doc. 2); (2) GRANTING PLAINTIFF’S MOTION FOR LEAVE TO FILE AN AMENDED COMPLAINT (Doc. 14); (3) GRANTING PLAINTIFF’S MOTION FOR LEAVE TO FILE SUPPLEMENTAL EVIDENCE (Doc. 15); (4) DENYING DEFENDANT’S MOTION TO STRIKE (Doc. 16); AND (5) GRANTING DEFENDANT’S MOTION FOR LEAVE TO FILE A SUR-REPLY (Doc. 17)

Timothy S. Black, United States District Judge

I. INTRODUCTION

Plaintiff, a security officer at Southern Ohio Medical Center (“Defendant” or “SOMC”), filed this action alleging that his employer violated the Fair Labor Standards Act (“FLSA”) through enforcement of its policy of automatically deducting a 30 minute meal period from each security officer’s shift. This case is now before the Court for consideration of Plaintiffs motion for conditional certification (“Motion for Conditional Certification”) (Doc. 2) and the parties’ responsive memoranda (Docs. 11,13).

Also before the Court are several procedural motions the Court must resolve prior to ruling on the Motion for Conditional Certification, including Plaintiffs motion for leave to amend his Complaint (Doc. 14), Plaintiffs motion for leave to file supplemental evidence in support of the Motion for Conditional Certification (Doc. 15), Defendant’s motion to strike (“Motion to Strike”) (Doc. 16), and Defendant’s motion for leave to file a sur-reply (Doc. 17).

For the reasons set forth below, the Court GRANTS Plaintiffs Motion for Conditional Certification (Doc. 2), Plaintiffs motion for leave- to file an amended complaint (Doc. 14), Plaintiffs motion for leave to file supplemental evidence (Doc. 15), and Defendant’s motion for leave to file a sur-reply (Doc. 17).

The Court DENIES the Motion to Strike (Doc. 16), but will disregard portions of declarations that contain inadmissible statements.

II. BACKGROUND

On - September 19, 2016, Plaintiff filed the Complaint. The Complaint alleges Plaintiff is employed by Defendant as a security officer, Defendant requires security officers to work four 10.5 hour shifts per week, and Defendant automatically deducts a 30 minute meal period from each security officer’s shift. (Doc. 1 at ¶¶ 10-11, 19, 21). The Complaint alleges security officers are required to perform work for Defendant during their meal period, and as a result, Plaintiff and other security officers work more than the 40 hours per week for which they are paid. (Id. at ¶¶ 20, 22). The Complaint asserts Defendant’s enforcement of its automatic meal deduction policy violates the FLSA. (Id, at ¶26).

The FLSA- allows plaintiffs to assert violations in federal court on behalf of themselves 'and others “similarly situated.” 29 U.S.C. § 219(b). Accordingly, on September 27, 2019, Plaintiff filed the Motion for Conditional Certification, which asks the Court to certify this case as a collective action and for authorization to send notice of Plaintiffs FLSA claims to “All current and former Security Officers employed by defendant who, between September 19, 2016 and the present, worked more than forty hours in any-workweek but were not properly compensated for -all overtime hours worked under the FLSA because of [868]*868Defendant’s automatic meal deduction policy.” (Doc. 2 at 4). The Motion for Conditional Certification is supported by the first of Plaintiffs two declarations (“First Hamm Declaration”) (Doc. 2-2).

On January 13, 2017, Defendant filed an opposition to the Motion for Conditional Certification (“Opposition”) (Doc. 11).

On February 1, 2017, Plaintiff filed a reply memorandum '(“Reply”) (Doc. 13). The Reply is supported by Plaintiffs second declaration (“Second Hamm Declaration”) (Doc. 13-1).

Since the briefing period concluded, Plaintiff has moved for leave to amend his Complaint (Doc. 14) and for leave to file supplemental evidence in support of the Motion for Conditional Certification (Doc. 15). Defendant has moved for leave to file a sur-reply (Doc. 17) and to strike portions of Plaintiffs evidence (Doc. 16).

The Court will address these procedural motions first because their resolution dictates what evidence the Court will and will not consider in deciding the Motion for Conditional Certification.

III. PROCEDURAL MOTIONS

A. Plaintiffs Motion for Leave to Amend the Complaint.

On February 7, 2017, Plaintiff filed a motion seeking leave to amend his Complaint in order to add David Simones, a former security guard at SOMC, as an additional named plaintiff. (Doc. 14). Plaintiffs proposed amended complaint includes a declaration from Mr. Simones (the “Si-mones Declaration”).

At this juncture, Plaintiff may amend his Complaint “with the opposing party’s written consent or the court’s leave.” Fed. R. Civ. P. 15(a)(2). The Court should “freely give leave when justice so requires.” Id.

Here, Plaintiffs motion for leave states that Defendant opposes the motion. (Doc. 14 at 1). However, counsel for Defendant has since advised the Court that it does not oppose the motion, and in any event, the time to do so has passed. In light of Defendant’s acquiescence, and in the interest of hearing Mr. Simones’ claims simultaneously with Plaintiffs identical claims as a matter of judicial economy, the Court GRANTS Plaintiffs motion for leave to amend his Complaint (Doc. 14).

B. Plaintiffs Motion for Leave to File Supplemental Evidence.

On February 9, 2017, Plaintiff filed a motion for leave to include the Simones Declaration as additional evidence in support of his Motion for Conditional Certification. (Doc. 15). Plaintiff claims Mr. Si-mones did not contact him until after the Motion for Conditional Certification was already fully briefed. (Doc. 15 at 3-5).

Defendant opposes this motion. Defendant argues the Court should not consider the Simones Declaration in ruling on the Motion for Conditional Certification because it is inadmissible and because Plaintiff did not confer with Defendant prior to seeking leave pursuant to S.D. Ohio Civ. R. 7.3. (Doc. 18 at 1).

Plaintiffs motion for leave is well-taken. The allegations in the Simones Declaration (Doc. 15-1) are relevant to the issue of whether this case should initially proceed as a collective action. Accordingly, the Court will consider them in resolving Plaintiffs Motion for Conditional Certification.

The Court notes Defendant’s objections but finds Defendant will not be prejudiced for two reasons. First, to the extent Defendant objects to the admissibility of the Simones Declaration, the Court will evaluate those arguments when considering Defendant’s Motion to Strike (Doc. 16). Second, as explained below, the Court will allow Defendant to file a sur-reply to ad[869]*869dress the merits of the- Simones Declaration.

For these reasons, the Court GRANTS Plaintiffs motion for leave to file additional evidence (Doc. 15) and will consider the Simones Declaration while deciding the Motion for Conditional Certification.

C. Defendant’s Motion for Leave to file a Sur-Reply.

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275 F. Supp. 3d 863, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hamm-v-southern-ohio-medical-center-ohsd-2017.