Ramirez v. HG Staffing, LLC

283 F. Supp. 3d 943
CourtDistrict Court, D. Nevada
DecidedOctober 23, 2017
DocketCase No. 3:16–cv–00318–LRH–WGC
StatusPublished

This text of 283 F. Supp. 3d 943 (Ramirez v. HG Staffing, LLC) is published on Counsel Stack Legal Research, covering District Court, D. Nevada primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ramirez v. HG Staffing, LLC, 283 F. Supp. 3d 943 (D. Nev. 2017).

Opinion

LARRY R. HICKS, UNITED STATES DISTRICT JUDGE

In this Fair Labor Standards Act ("FLSA") case, the plaintiffs moved to certify the collective action for discovery and trial purposes under 29 U.S.C. § 216(b). ECF No. 27. The defendants opposed the motion, and the plaintiffs replied. ECF Nos. 41, 49. Because the proposed class has yet to move for conditional certification and has yet to join with opt-in plaintiffs in this action, the court now denies the motion without prejudice.

I. BACKGROUND

This case stems from an ongoing case before this court: Sargent et. al. v. HG Staffing, et. al. ,. In Sargant , the court decertified a conditionally certified collective action because the plaintiffs were not "similarly situated" as required by the FLSA. 171 F.Supp.3d 1063 (D. Nev. 2016). After the class was decertified in Sargent , the plaintiffs herein filed an independent complaint to initiate this proceeding. ECF No. 1. The plaintiffs amended the complaint twice, ultimately alleging one cause of action: the failure to pay overtime wages in violation of the FLSA. ECF Nos. 3, 15. The defendants moved to dismiss the amended complaint, which the court granted in part and denied in part. ECF Nos. 16, 21. The defendants then answered the amended complaint. ECF No. 24. The proposed collective action has yet to be conditionally certified and has yet to be joined by opt-in plaintiffs.

Plaintiffs now seek to certify the proposed collective action "for discovery and trial purposes" based on a narrower class than that presented in Sargent. Compare ECF No. 27 at 4 (describing the proposed class as: "[a]ll current and former non-exempt employees employed by Defendants, who worked more than forty hours in any work week, and who were required to perform banking activities without compensation at any time during the relevant time period alleged") with Sargent , 3:13-cv-00453-LRH-WGC at ECF No. 144 at 2 (describing the proposed class as: "[a]ll non-exempt hourly workers employed by Defendants at any time from June 21, 2009, until the date of judgment after [trial] herein"). The defendants opposed the certification motion, and the plaintiffs replied. ECF Nos. 41, 49.

II. DISCUSSION

The plaintiffs seek certification of the proposed collective action for discovery *945and trial purposes, asserting the FLSA-procedural-process requires certification and the proposed class meets the criteria for a collective-action certification. ECF No. 27. The defendants oppose the certification, arguing the doctrine of issue preclusion bars the proposed certification, the first-to-file rule bars the proposed certification, the FLSA procedures have yet to be fulfilled by the plaintiffs, and the plaintiffs do not meet the requirements for a collective-action certification. ECF No. 41. The court finds that FLSA procedures have yet to be fulfilled by the plaintiffs and denies the motion on this basis. As a result, the court does not reach the parties' remaining arguments.

The plaintiffs' motion to certify the collective action for discovery and trial purposes must fail because the plaintiffs have yet to seek conditional certification and have yet to join with opt-in plaintiffs. Under the FLSA, employees may sue their employers when the employer fails to pay overtime wages. 29 U.S.C. § 207 ; Barrentine v. Arkansas-Best Freight Sys., Inc. , 450 U.S. 728, 739, 101 S.Ct. 1437, 67 L.Ed.2d 641 (1981). Employees may bring suit as a collective action "for and in behalf of ... themselves and other employees similarly situated." 29 U.S.C. § 216(b). The court determines whether a proposed collective action should be certified by "[evaluating] whether the proposed lead plaintiffs and the proposed collective action group are 'similarly situated' for purposes of [ 29 U.S.C.] § 216(b)." Leuthold v. Destination Am., Inc. , 224 F.R.D. 462, 466 (N.D. Cal. 2004) (citation omitted). "Neither the Supreme Court nor the Ninth Circuit have interpreted the term ['similarly situated']." Kress v. PricewaterhouseCoopers, LLP , 263 F.R.D. 623, 627 (E.D. Cal. 2009) (citing Leuthold , 224 F.R.D. at 466 ). But in this circuit, collective-action certification occurs in two steps. Id. ; see also Dualan v. Jacob Transportation Servs., LLC , 172 F.Supp.3d 1138, 1144 (D. Nev. 2016) (stating the court would follow "the courts in [the Ninth Circuit] by considering certification in two stages.").

In the first step, or the notice stage, the court determines whether the proposed-collective-action group should be conditionally certified and the members of the proposed group be given notice of the action. Leuthold , 224 F.R.D. at 466 ; see also Anderson v. Cagle's, Inc. , 488 F.3d 945, 952-53 (11th Cir. 2007). "[T]he importance of certification ... is that it authorizes either the parties, or the court itself, to facilitate notice of the action to similarly situated employees." Morgan v. Family Dollar Stores, Inc. , 551 F.3d 1233, 1259 (11th Cir. 2008). After receiving notice, members of the proposed-collective-action group may affirmatively opt-in to the proceeding.

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Related

Lessie Anderson v. Cagle's, Inc.
488 F.3d 945 (Eleventh Circuit, 2007)
Morgan v. Family Dollar Stores, Inc.
551 F.3d 1233 (Eleventh Circuit, 2008)
Barrentine v. Arkansas-Best Freight System, Inc.
450 U.S. 728 (Supreme Court, 1981)
Smith v. T-MOBILE USA INC.
570 F.3d 1119 (Ninth Circuit, 2009)
Sargent v. HG Staffing, LLC
171 F. Supp. 3d 1063 (D. Nevada, 2016)
Dualan v. Jacob Transportation Services, LLC
172 F. Supp. 3d 1138 (D. Nevada, 2016)
Leuthold v. Destination America, Inc.
224 F.R.D. 462 (N.D. California, 2004)
Kress v. PricewaterhouseCoopers, LLP
263 F.R.D. 623 (E.D. California, 2009)

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Bluebook (online)
283 F. Supp. 3d 943, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ramirez-v-hg-staffing-llc-nvd-2017.