Moss v. Crawford & Co.

201 F.R.D. 398, 8 Wage & Hour Cas.2d (BNA) 556, 2000 U.S. Dist. LEXIS 21388, 2000 WL 33374981
CourtDistrict Court, W.D. Pennsylvania
DecidedSeptember 21, 2000
DocketNo. 98-1350, 212
StatusPublished
Cited by52 cases

This text of 201 F.R.D. 398 (Moss v. Crawford & Co.) is published on Counsel Stack Legal Research, covering District Court, W.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Moss v. Crawford & Co., 201 F.R.D. 398, 8 Wage & Hour Cas.2d (BNA) 556, 2000 U.S. Dist. LEXIS 21388, 2000 WL 33374981 (W.D. Pa. 2000).

Opinion

OPINION

CAIAZZA, United States Magistrate Judge.

Currently before the court is the Motion to Decertify Class filed by the defendant Crawford & Company (Crawford) at document number two hundred and twelve. Before proceeding into the substance of Crawford’s motion, the court will briefly review the convoluted history of this lawsuit.

A. Procedural History

On August 12,1998, Plaintiff Chester Porter Moss initiated this lawsuit under the Fair Labor Standards Act (FLSA), 29 U.S.C.A. § 201 et seq., to recover unpaid overtime compensation from Crawford for his work during the clean-up of the Ashland oil spill and Exxon Valdez oil spill. (Doc. No. 1.) His Complaint did not demand a jury trial. (Id.) Moss also filed a Motion for Class Certification pursuant to Federal Rule of Civil Procedure 23 on November 9, 1998. (Doc. No. 3.) On December 9, 1998, United States District Court Judge Donald J. Lee denied the plaintiffs Motion for Class Certification pursuant to Federal Rule of Civil Procedure 23. (Doc. No. 11.) On December 17, 1998, Judge Lee consolidated the lawsuit filed by James Hargrove (Hargrove) at 98-CV-1610 with Moss’ lawsuit and designated civil action number 98-1350 as the lead case for both plaintiffs. (Doc. No. 16.) The parties consented to a trial before a Magistrate Judge on January 5, 1999. (Doc. No. 20.)

On February 3, 1999, the plaintiffs filed a Motion to Permit and Facilitate Notice of Pending Class Action under 29 U.S.C.A. § 216(b). (Doc. No. 23.) On May 5,1999, the court originally denied the plaintiffs’ motion for class certification under § 216(b) because they failed to establish the factors outlined by the United States Court of Appeals for the Third Circuit (Third Circuit) in Lockhart v. Westinghouse Credit Corp., 879 F.2d 43, 51 (3d Cir.1989), overruled in part on other grounds by Hazen Paper Co. v. Biggins, 507 [400]*400U.S. 604, 113 S.Ct. 1701, 123 L.Ed.2d 338 (1993). (Doc. No. 63.)

On September 14, 1999, the court resolved the statute of limitations and exemption issues raised in the plaintiffs’ Motion for Partial Summary Judgment filed at document number twenty-six and in Crawford’s Motion for Summary Judgment filed at document number twenty-nine. Judge Lee’s Findings of Fact and Conclusions of Law in a related case, Sonnier v. Crawford & Company, Civ. A. No. 94-1755, aff'd No. 97-3096 (3d Cir. October 29, 1997), cert. denied 523 U.S. 1107, 118 S.Ct. 1676, 140 L.Ed.2d 814 (1998), were relevant to the resolution of both issues. Significantly, in Sonnier, Judge Lee concluded that Crawford’s failure to post the required FLSA notices in its Exxon Valdez and Ashland oil spill offices tolled the running of the statute of limitations. On appeal, the Third Circuit affirmed Judge Lee’s conclusion by specifically noting that Crawford had not produced any audit records to verify the posting of any FLSA notices. Consequently, the court applied Judge Lee’s conclusions to this lawsuit through non-mutual offensive collateral estoppel and determined that Moss and Hargrove’s FLSA claims were not barred by the two year statute of limitations set forth in 29 U.S.C.A. § 255(a). (Doc. No. 71.) The court also denied the parties’ respective motions on the administrative exemption issue because there were outstanding factual issues with respect to the plaintiffs’ duties and responsibilities. (Id.)

Upon Crawford’s Motion for Reconsideration, the court clarified its ruling on the statute of limitations issue. (Doc. No. 75 and 92.) Because Judge Lee’s conclusions were limited to pre-September 1993 events, the court permitted Crawford to raise the statute of limitations defense with respect to circumstances that occurred after September 1993. (Doc. No. 92.) The court also allowed Crawford to inquire into the plaintiffs’ personal knowledge of their FLSA rights because Sonnier’s conclusions of law did not address that issue. (Doc. No. 92.)

On October 28, 1999, Moss and Hargrove filed a Motion to Certify under 29 U.S.C.A. § 216(b). (Doc. No. 86.) After reviewing the affidavits filed with the motion, the court preliminarily certified an opt-in class of monitors, adjusters and invoice reviewers who were not compensated with overtime wages for their work in the Exxon Valdez and Ash-land oil spills. (Doc. No. 94.) Again, Crawford challenged the court’s ruling through another Motion for Reconsideration. (Doc. No. 99.) In a Memorandum Order filed on December 30, 1999, the court explained that the court made a conditional certification pursuant to the two step analysis established in Lusardi v. Xerox Corp., 118 F.R.D. 351 (D.N.J.1987) mandamus granted in part, appeal dismissed, Lusardi v. Lechner, 855 F.2d 1062 (3d Cir.1988), vacated in part, modified in part, and remanded, Lusardi v. Xerox Corp., 122 F.R.D. 463 (D.N.J.1988), aff'd in part, appeal dismissed, Lusardi v. Xerox Corp., 975 F.2d 964 (3d Cir.1992), and that Crawford would have the opportunity to file a motion to- decertify the class after the parties had completed discovery. (Doc. No. 108.)

The parties bickered over the language of the notification letter, and after the court intervened, an appropriate notice was sent to prospective members class. Seventy-four individuals filed opt-in consent forms with the court. After deposing twenty-four class members, Crawford filed its Motion to Decertify on April 5, 2000. In this motion the defendant argues that this lawsuit can not proceed as a collective action because: (1) the plaintiffs’ job duties and pay provisions differ; (2) Hargrove’s separate claims undermine the purpose of a collective action; and (3) the exemption and statute of limitations defense precludes resolution of the plaintiffs’ claims on a class wide basis. (See Doc. No. 212.)

B. Facts

Crawford’s primary business is insurance adjustment and risk management. (Def.’s Br. in Supp. of Mot. to Decertify Class at 4.) Its Catastrophe Division (CAT) responds to natural and man-made disasters by assisting insurance companies with liability claims and clean-up programs. (Id.) Crawford’s main office is in Atlanta, Georgia and it maintains temporary offices at each catastrophe site. (Id.)

[401]*401The defendant classifies its CAT employees as either core members or non-core employees. (Id. at 5.) Both core members and non-core employees work at catastrophe sites on short and long term assignments and may perform their work at a variety of locations including branch and temporary offices, insurance company offices, law firms, hotel rooms and leased facilities. (Id.) Core members are permanent employees who receive health and pension benefits. (Id.) They also receive a draw against their future earnings when they are not employed on a CAT project. (Id.) Before September 1993, core members received a monthly draw of $200.00. (PL’s Resp. to Def.’s Mot. to Decertify Class, Doc. No. 225, at 4; See also Sonnier v. Crawford & Company, Civ. A. No.

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Bluebook (online)
201 F.R.D. 398, 8 Wage & Hour Cas.2d (BNA) 556, 2000 U.S. Dist. LEXIS 21388, 2000 WL 33374981, Counsel Stack Legal Research, https://law.counselstack.com/opinion/moss-v-crawford-co-pawd-2000.