Moreno v. Poverty Point Produce, Inc.

243 F.R.D. 265, 2007 U.S. Dist. LEXIS 27260, 2007 WL 1113680
CourtDistrict Court, S.D. Texas
DecidedApril 3, 2007
DocketNo. CIV.A B-06-154
StatusPublished
Cited by8 cases

This text of 243 F.R.D. 265 (Moreno v. Poverty Point Produce, Inc.) is published on Counsel Stack Legal Research, covering District Court, S.D. Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Moreno v. Poverty Point Produce, Inc., 243 F.R.D. 265, 2007 U.S. Dist. LEXIS 27260, 2007 WL 1113680 (S.D. Tex. 2007).

Opinion

[268]*268 OPINION & ORDER

TAGLE, District Judge.

BE IT REMEMBERED that on April 3, 2007, the Court DENIED Defendants, Poverty Point Produce, Inc.’s [sic] and Jeffrey Brown’s, Motion to Dismiss for Lack of Personal Jurisdiction and Improper Venue, Or Alternatively, [sic] To Transfer Venue. Dkt. No. 14.

1. Background

A, Factual

This case arises out of the "Plaintiffs’ employment at Defendant Poverty Point Produce, Inc.’s (“Poverty Point”) sweet potato fields in West Carroll Parish, Louisiana during the summer of 2005. Dkt. No. 8, at 4. Plaintiffs are migrant agricultural workers who reside in the Rio Grande Valley of Texas. Id. at 1. Defendant Poverty Point is a Louisiana corporation which “operates a sweet potato farm.” Id. at 3; Dkt. No. 15, at 2. Defendant Jeffrey Brown is a part owner of, and the field manager for, Poverty Point. Dkt. No. 14, Ex. 1; Dkt. No. 15, at 2. Defendant Raul Leal is the owner and operator of a Texas business, Texas Labor Contractors, which recruited and hired the Plaintiffs to work at Poverty Point. Dkt. No. 8, at 3; Dkt. No. 21, at 4; Dkt. No. 21, Ex. 8. Defendant Jesse Leal supervised the field work by the Plaintiffs, lived with them in the housing provided for their use, received complaints regarding the housing and working conditions from them, and physically presented them with their paychecks. Dkt. No. 21, at 6-7; Dkt. No. 21, Exs. 1, 2, 4-6.

This case began in 2001, when Defendant Raul Leal “contacted Poverty Point ... and represented that he could provide farm workers to Poverty Point.” Dkt. No. 14, Ex. 1. This contact occurred exclusively in Louisiana. Id. At that time, Poverty Point did not employ Raul Leal and he was not an agent of Poverty Point. Id. The contact between Raul Leal and Poverty Point was initiated by Raul Leal, it was not solicited by Poverty Point. Id.

After making contact with Poverty Point in 2001, Raul Leal began providing workers to perform field work at Poverty Point’s sweet potato farm in Louisiana. Id.; Dkt. No. 21, Ex. 8. All meetings between Raul Leal and Poverty Point or its employees occurred in Louisiana. Dkt. No. 14, Ex. 1. All work performed by the workers Raul Leal provided occurred in Louisiana. Id. Poverty Point has no offices, bank accounts, or telephone listings in Texas. Id. It does not advertise in Texas nor solicit business in Texas. Id.

Nonetheless, Raul Leal does business in Texas, under the name Texas Labor Contractors. Dkt. No. 8, at 3. Therefore, Raul Leal recruited workers, such as Plaintiffs, from Texas to work for Poverty Point. Dkt. No. 21, Ex. 8. Moreover, Jeffrey Brown called Raul Leal in Texas two times per year between 2002 and 2006, “to request that [Raul Leal] recruit and hire a specific number of farm workers for Poverty Point Produce, Inc. and transport them to the Poverty Point Produce, Inc. sweet potato farms in Louisiana.” Id.

Plaintiffs in this case were recruited by Raul Leal to work for Poverty Point during the summer of 2005.1 Id., Exs. 1-6. This recruitment occurred exclusively in Texas, and it involved placement of an advertisement in a local newspaper in Brownsville, Texas. Id.

Upon learning of the opening for workers, Plaintiffs went to Defendant Raul Leal’s used car business in Weslaco, Hidalgo County, Texas. Id. At the car dealership, Plaintiffs discussed the position with Raul Leal’s wife, they were given information about the job and the housing, and they signed forms related to the position and to the housing rules. Id. Plaintiffs were given information regarding the number of hours they would work each week, the number of weeks for which they would work, and the rate of pay they would receive. Id. Plaintiffs were informed [269]*269that Poverty Point was the employer, and the paperwork they signed listed Poverty Point as the employer. Id., Exs. 1-6, 8. Furthermore, Plaintiffs signed employment agreements created pursuant to specific instructions from Jeffrey Brown, Department of Justice Employee Eligibility Verification forms and Internal Revenue Service Form W-4’s presented to the Plaintiffs at the request of Poverty Point or Jeffrey Brown, and “Confidential Second Injury Fund Questionnaire[s]” provided by Jeffrey Brown. Id., Ex. 8. All of these documents were signed in Hidalgo County, Texas. Id., Exs. 1-6, 8.

Once hired, Plaintiffs were transported by or at the direction of Raul Leal to Louisiana. Id., Exs. 1-6. In Louisiana, Plaintiffs resided in housing owned by Poverty Point. Id. Defendant Jesse Leal resided in this housing with Plaintiffs, and Plaintiffs would report problems with the housing accommodations to Jesse Leal. Id., Exs. 1, 2, 4-6. Additionally, Jesse Leal would confer frequently with Jeffrey Brown at the fields, after which conferences he would give instructions to Plaintiffs, such as how and where to do the work assigned. Id. Jesse Leal oversaw the field work, kept track of Plaintiffs’ hours, and usually provided Plaintiffs with their paychecks. Id.

Upon completion of the work in Louisiana, Plaintiffs returned to Texas. Id., Exs. 1-6.

B. Procedural

Plaintiffs filed suit against Defendants on September 26, 2006, asserting violations of the Migrant and Seasonal Agricultural Workers Protection Act (“AWPA”), the Fair Labor Standards Act (“FLSA”), and various state causes of action. Dkt. No. 1. Plaintiffs later amended their complaint on November 3, 2006. Dkt. No. 8. Defendants Jesse Leal, Piedad Leal, and Raul Leal all filed answers to Plaintiffs’ First Amended Complaint on December 11,2006. Dkt. Nos. 11-13.

The motion sub judice was filed by Poverty Point and Defendant Jeffrey Brown on January 2, 2007. Dkt. No. 14. Defendants Poverty Point and Jeffrey Brown also filed a Memorandum in Support of their motion on the same day. Dkt. No. 15. After receiving an extension of time to file their response to the motion on January 22, 2007, Plaintiffs responded with opposition to the motion on February 1, 2007. Dkt. Nos. 20, 21. After reviewing the briefs, the record, and the relevant law, the Court DENIES Poverty Point and Jeffrey Browns’ motion in its entirety. Dkt. No. 14.

II. Standard

When a defendant seeks dismissal for lack of personal jurisdiction pursuant to Federal Rule of Civil Procedure 12(b), the plaintiff bears the burden of establishing jurisdiction. See Prod. Promotions, Inc. v. Cousteau, 495 F.2d 483, 490 (5th Cir.1974), overruled on other grounds, Ins. Corp. of Ireland v. Compagnie des Bauxites de Guinee, 456 U.S. 694, 702-03, 102 S.Ct. 2099, 72 L.Ed.2d 492 (1982), as stated in Burstein v. State Bar of California, 693 F.2d 511, 518 n. 12 (5th Cir.1982).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
243 F.R.D. 265, 2007 U.S. Dist. LEXIS 27260, 2007 WL 1113680, Counsel Stack Legal Research, https://law.counselstack.com/opinion/moreno-v-poverty-point-produce-inc-txsd-2007.