Miller v. Illinois Bell Telephone Co.

157 F. Supp. 3d 749, 93 Fed. R. Serv. 3d 1152, 2016 U.S. Dist. LEXIS 5898, 2016 WL 212940
CourtDistrict Court, N.D. Illinois
DecidedJanuary 19, 2016
DocketCase No. 15 C 2801
StatusPublished
Cited by5 cases

This text of 157 F. Supp. 3d 749 (Miller v. Illinois Bell Telephone Co.) is published on Counsel Stack Legal Research, covering District Court, N.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Miller v. Illinois Bell Telephone Co., 157 F. Supp. 3d 749, 93 Fed. R. Serv. 3d 1152, 2016 U.S. Dist. LEXIS 5898, 2016 WL 212940 (N.D. Ill. 2016).

Opinion

MEMORANDUM OPINION AND ORDER

AMY J. ST. EVE, United States District Court Judge

On September 8, 2015, Plaintiff James Miller (“Miller”) filed the present Second Amended Complaint alleging violations of [752]*752the Fair Labor Standards Act, 29 U.S.C. § 201, et seq. (“FLSA”), the Illinois Minimum Wage Law, 820 ILCS 105/1, et seq. (“IMWL”), and the Illinois Wage Payment and Collection Act, 820 ILCS § 115, et. seq. (“IWPCA”). Miller bases his claims on Defendant Illinois Bell Telephone Company’s (“Illinois Bell”) alleged failure to pay overtime compensation for all- hours worked in excess of 40 hours in a week. Before the Court is Illinois Bell’s partial motion to dismiss under Rule 12(b)(6). For the following reasons, the Court grants in part and denies in part Illinois Bell’s motion.

LEGAL STANDARDS

I. Rule 12(b)(6) Motion to Dismiss

“A motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) challenges the viability of a complaint by arguing that it fails to state a claim upon which relief may be granted.” Camasta v. Jos. A. Bank Clothiers, Inc., 761 F.3d 732, 736 (7th Cir.2014). Under Rule 8(a)(2), a complaint must include “a short and plain statement of the claim showing that the pleader is entitled to relief.” Fed. R. Civ. P. 8(a)(2). The short and plain statement under Rule 8(a)(2) must “give the defendant fair notice of what the claim is and the grounds upon which it rests.” Bell Atlantic v. Twombly, 550 U.S. 544, 555, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007) (citation omitted). Under the federal notice pleading standards, a plaintiffs “factual allegations must be enough to raise a right to relief above the speculative level.” Twombly, 550 U.S. at 555, 127 S.Ct. 1955. Put differently, 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, 678, 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.” Iqbal, 556 U.S. at 678, 129 S.Ct. 1937., Also, “although a plaintiff need not anticipate or overcome affirmative defenses such as those based on the statute of limitations, if a plaintiff alleges facts sufficient to establish a statute of limitations defense, the district court may dismiss the complaint on that ground.” O’Gorman v. City of Chicago, 777 F.3d 885, 889 (7th Cir.2015). Last, the Court “may take judicial notice of publicly available records of court proceedings.” Spaine v. Cmty. Contacts, Inc., 756 F.3d 542, 545 (7th Cir.2014).

II. Rule 15(c)(1)(B) Relation Back Doctrine

“Under Illinois law as under federal law, an amendment relates back when it arises out of the same transaction or occurrence set up in the original pleading.” Cleary v. Philip Morris Inc., 656 F.3d 511, 515 (7th Cir.2011) (citation omitted). More specifically, an amendment relates back to the date of the original pleading when “the amendment asserts a claim or defense that arose out of the conduct, transaction, or occurrence set out — or attempted to be set out — in the original pleading.” Fed. R.Civ.P. 15(c)(1)(B); see also Luevano v. Wal-Mart Stores, Inc., 722 F.3d 1014, 1022 (7th Cir.2013). “[T]he purpose of relation back” is “to balance the interests of the defendant protected by the statute of limitations with the preference expressed in the Federal Rules of Civil Procedure in general, and Rule 15 in particular, for resolving disputes on them merits.” Krupski v. Costa Crociere S. p. A., 560 U.S. 538, 549-50, 130 S.Ct. 2485, 177 L.Ed.2d 48 (2010).

BACKGROUND AND PROCEDURAL . HISTORY

In his Second Amended Complaint, Miller alleges that he is a cable splicer and [753]*753worked as an hourly non-exempt employee for Illinois Bell and that Illinois Bell did not pay him overtime compensation for all hours -worked in excess of 40 a week in violation of the FLSA, IMWL, and IWP-CA. (R. 16, Second Am. Compl. ¶¶ 1, B.) Miller’s allegations include (1) a claim based on his reviewing assignments, getting supplies, preparing his truck, and meeting with his manager before his shift started, (2) a claim based on working through lunch break, and (3) a claim based on working after his shift had ended in order to enter his time, clean out his truck, and order supplies, among other tasks. (Id. ¶¶ 32-41.)

I. Blakes Action

To give context to Miller’s allegations, the Court turns to the procedural history of this lawsuit because Miller was an opt-in plaintiff in the FLSA collective action in Blakes v. Ill. Bell Tel. Co., Case No. 11 C 0336 (“Blakes Action”) pending before Magistrate Judge Kim. After the parties consented to Judge Kim’s jurisdiction under 28 U.S.C. § 636(c), on June 15, 2011, Judge Kim conditionally certified a proposed class of similarly situated cable splicers. Specifically, Judge Kim determined that the named plaintiffs had made the “modest showing” for pre-conditional' certification of the following overtime claims: (1) Illinois Bell’s policy that required cable splicers to maintain the security of their job sites routinely interfered with their lunch breaks; (2) cable splicers missed their lunch breaks because of traveling from job site to job site; and (3) Illinois Bell’s policies forced cable splicers to work past the end of their shifts in order to complete their time sheets. (11 C 0336, R. 56, 6/15/11, Mem. Op, & Order, at 5-8.) After Judge Kim’s conditional certification, the named plaintiffs issued notice of the Blakes Action to approximately 2,000 potential opt-in plaintiffs. Miller alleges that he filed a written consent and became part of the collective conditional class on August 24, 2011. (15 C 2801, Second Am. Compl. ¶ 11.)

After discovery, Illinois Bell filed a motion to decertify the collective action. On December 17, 2013, Judge Kim granted the motion in part. (11 C 0336, R. 233, 12/17/13, Mem. Op. &

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Bluebook (online)
157 F. Supp. 3d 749, 93 Fed. R. Serv. 3d 1152, 2016 U.S. Dist. LEXIS 5898, 2016 WL 212940, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miller-v-illinois-bell-telephone-co-ilnd-2016.