Sibley v. Sprint Nextel Corp.

254 F.R.D. 662, 2008 U.S. Dist. LEXIS 95762, 2008 WL 5046348
CourtDistrict Court, D. Kansas
DecidedNovember 24, 2008
DocketCivil Action No. 08-2063-KHV
StatusPublished
Cited by17 cases

This text of 254 F.R.D. 662 (Sibley v. Sprint Nextel Corp.) is published on Counsel Stack Legal Research, covering District Court, D. Kansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sibley v. Sprint Nextel Corp., 254 F.R.D. 662, 2008 U.S. Dist. LEXIS 95762, 2008 WL 5046348 (D. Kan. 2008).

Opinion

MEMORANDUM AND ORDER

KATHRYN H. VRATIL, District Judge.

Plaintiffs Roxie Sibley, Jeanne Noel, Ernesto Bennett, Jamie Williams, Greg St. Ju-lien, Trade Hernandez, John Jasinski, Jay Richie and Teisha King bring putative class action claims for unpaid commissions against Sprint Nextel Corporation and SprinVUnited Management Company. Specifically, plaintiffs claim that defendants are liable for violation of the Kansas Wage Payment Act (“KWPA”), K.S.A. § 44-313 et seq. (Count I), breach of contract (Count II), quantum meruit (Count III), promissory estoppel (Count IV) and unjust enrichment (Count V). Plaintiffs seek a declaratory judgment that defendants’ practices violated the law, unpaid commissions, penalties under the KWPA, attorneys’ fees, costs and prejudgment interest. This matter comes before the Court on Plaintiffs’ Motion For Rule 23 Class Certification (Doc. # 36) filed May 2, 2008. Also before the Court are Defendants’ Motion For Leave To File Sur-Reply In Opposition To Plaintiffs’ Motion For Class Certification (Doc. # 79) filed August 26, 2008; Defendants’ Motion For Leave To File Exhibit In Electronic Format And Under Seal (Doc. #82) filed August 27, 2008 and Plaintiffs’ Motion Requesting Permission To File Documents Under Seal (Doc. # 84) filed August 27, 2008.

As preliminary matters, the Court sustains defendants’ motion to file a surreply and grants defendants leave to file an exhibit in electronic format. For reasons set forth below, the Court overrules the parties’ motions to file exhibits and documents under seal.

As to plaintiffs’ motion to certify a class, plaintiffs seek class certification on Counts I and II, pursuant to Rule 23(a) and (b)(3), Fed.R.Civ.P., on behalf of

[a]ll persons nationwide who worked for Defendants’ retail stores since their merger with Nextel, including Retail Store District Managers, Retail Store Managers, Assistant Retail Store Managers, Lead Retail Consultants, Retail Consultants, Retail Sales Representatives, and other retail employees whose compensation was based in full or in part on commissions.

Plaintiffs’ Memorandum In Support Of Motion For Rule 23 Class Certification (“Plaintiffs’ Memorandum”) (Doc. #37) at 10.1 [667]*667Defendants challenge whether plaintiffs have properly demonstrated the requirements for class certification under Rule 23. After thoroughly reviewing the record and carefully considering the parties’ arguments, the Court finds that the proposed class should be certified.

1. Motions To File Under Seal

Defendants seek leave to file under seal an Excel spreadsheet Exhibit C, which contains information on sales transactions and compensation of plaintiff Teisha King. Plaintiffs also seek leave to file under seal certain exhibits which defendants have designated as confidential under the existing protective order. See Protective Order (Doc. # 41) filed May 14, 2008.2 The protective order covers all exhibits which the parties have designated as “confidential” and which pertain to information about individual wage and employment records and proprietary financial information and confidential business records of defendants. See id. at 1-2.

Aside from the protective order, any motion to seal must establish that interests which favor non-disclosure outweigh the public interest in access to court documents. See Nixon v. Warner Commc’ns, 435 U.S. 589, 599, 98 S.Ct. 1306, 55 L.Ed.2d 570 (1978); Crystal Grower’s Corp. v. Dobbins, 616 F.2d 458, 461 (10th Cir.1980). The public has a fundamental interest in understanding disputes that are presented to a public forum for resolution. Crystal Grower’s Corp., 616 F.2d at 461. In addition, the public interest in district court proceedings includes the assurance that courts are run fairly and that judges are honest. Id. To establish good cause, a moving party must submit particular and specific facts, and not merely “stereotyped and conclusory statements.” Gulf Oil Co. v. Bernard, 452 U.S. 89, 102 n. 16, 101 S.Ct. 2193, 68 L.Ed.2d 693 (1981).

Plaintiffs and defendants state that the proffered records and other documents are “confidential” under the protective order.3 The parties do not suggest why this information, if disclosed, might be harmful to either party. Furthermore, the parties do not demonstrate that redaction would be insufficient to protect any information which is legitimately confidential personal information. Instead, the parties base their request fully on the protective order and the joint agreement of the parties to place this information under seal. The Court therefore denies the parties’ request to seal these documents.4

[668]*668II. Factual Background

Sprint Nextel Corporation is a Kansas corporation with its principal place of business in Reston, Virginia. Sprint/United Management Company is a Kansas corporation with its principal place of business in Overland Park, Kansas. Together, the companies employ commission-paid employees, including plaintiffs, at more than 1,000 retail stores nationwide.

The named plaintiffs are current and former employees in defendants’ retail stores in positions including Retail Sales Representative (a/k/a Retad Sales Consultant), Lead Retail Consultant, Assistant Retail Store Manager, Retail Store Manager and Retail Store District Manager.5 Amended Complaint (Doc. # 8) filed February 26, 2008 111112-20. The named plaintiffs sold telecommunications products and services. Their employment was subject to an express and implied incentive compensation plan and commission agreement. Under the commission plan, defendants agreed to pay commissions (in addition to other pay) for products and services which plaintiffs sold.

In 2005, 2006 and 2007, defendants published Master Incentive Compensation Guides (“MICGs”) which outlined terms and conditions of plaintiffs’ commission plans. See Exhibit 3 to Plaintiffs’ Memorandum (Doc. # 37) §§ 1.1, 1.3. The MICGs provided that the structure and elements of each individual compensation package vary by job title and are detailed in a separate document called the Commissions Acknowledgment Form (“CAF”). Id; see Ex. 4 to Plaintiffs’ Memorandum (Doc. # 37).

With respect to choice of law and choice of forum, the MICGs from 2005 and 2006 provided as follows:

1.7(p) What Law Applies Under The Plan? Kansas law governs the Plan.
1.7(q) What Is The Proper Forum For Disputes Under The Plan?
Any lawsuit involving claims under the Plan must be brought in Johnson County Kansas District Court or the United States District Court for the District of Kansas.

Exhibit 3 to Plaintiffs’ Memorandum (Doc. # 37). The MICG for 2007 contained similar choice of law and choice of forum clauses.6

[669]

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Bluebook (online)
254 F.R.D. 662, 2008 U.S. Dist. LEXIS 95762, 2008 WL 5046348, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sibley-v-sprint-nextel-corp-ksd-2008.