Simmons v. Trans Express Inc.

355 F. Supp. 3d 165
CourtDistrict Court, E.D. New York
DecidedFebruary 7, 2019
Docket18-cv-5938 (ENV) (RLM)
StatusPublished
Cited by3 cases

This text of 355 F. Supp. 3d 165 (Simmons v. Trans Express Inc.) is published on Counsel Stack Legal Research, covering District Court, E.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Simmons v. Trans Express Inc., 355 F. Supp. 3d 165 (E.D.N.Y. 2019).

Opinion

ERIC N. VITALIANO, United States District Judge

Plaintiff Charlene Simmons commenced this action on October 24, 2018. (Compl., ECF No. 1). She alleges that she is entitled to unpaid overtime wages, liquidated damages, and attorney's fees stemming from defendant Trans Express Inc.'s violations of the Fair Labor Standards Act, 29 U.S.C. § 201 et seq. ("FLSA"), and the New York Minimum Wage Act, N.Y. Lab. Law § 650 et seq. ("NYLL"). (Compl. ¶¶ 1-3). On January 18, 2019, Trans Express moved to dismiss the complaint, pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. (Mot., ECF No. 11). Trans Express contends that this action is barred by the doctrine of res judicata because of a previous proceeding in Queens Civil Court, Small Claims Part 45 ("small claims court"). (Def. Br. at 2, ECF No. 11-5). For the reasons set forth below, the motion is granted.

Background

As its name suggests, Trans Express is a transportation services company headquartered in Brooklyn. (Compl. ¶¶ 8-9). Simmons was employed by Trans Express as a driver from April 2012 to April 2013 and, subsequently, from June 2016 to June 2018. (Id. ¶ 11-12). She alleges that, throughout her employment there, she was paid at a regular rate of approximately $ 12.50 an hour and worked more than 40 hours a week but was not paid at an overtime rate. (Id. ¶¶ 13-14, 16). As a result, plaintiff claims that Trans Express violated the unpaid overtime provisions of FLSA, (id. ¶¶ 32-37), as well as several provisions of NYLL, (id. ¶¶ 38-48). She seeks a declaratory judgment, along with an award of unpaid wages, liquidated damages, interest, costs, and attorney's fees. (Id. ¶¶ 49-54).

Prior to bringing this lawsuit, it is undisputed, in August 2018, Simmons filed suit against Trans Express in small claims court, seeking "monies arising out of nonpayment of wages." Summons, Simmons v. Trans Express Bus Co. , No. S.C.Q. 2847/2018 (N.Y. Civ. Ct. Aug. 10, 2018). On September 4, 2018, after trial before a small claims arbitrator, Simmons was awarded a $ 1,000 judgment, along with a $ 20 disbursement. Notice of Judgment, Simmons (N.Y. Civ. Ct. Sept. 4, 2018).

*168This judgment was satisfied on September 28, 2018. Notice of Payment, Simmons (N.Y. Civ. Ct. Oct. 15, 2018). After the smoke cleared in state court, Simmons filed this lawsuit.

Legal Standard

When deciding a motion to dismiss under Rule 12(b)(6) for failure to state a claim upon which relief can be granted, the district court must (1) accept as true all of the plaintiff's factual allegations and (2) draw all reasonable inferences in her favor. See Teichmann v. New York , 769 F.3d 821, 825 (2d Cir. 2014). Courts must, nevertheless, ensure that a complaint pleads "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, 173 L.Ed.2d 868 (2009) (quoting Bell Atl. Corp. v. Twombly , 550 U.S. 544, 570, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007) ).

"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." Id. This "plausibility standard is not akin to a 'probability requirement,' but it asks for more than a sheer possibility that a defendant has acted unlawfully." Id. (quoting Twombly , 550 U.S. at 556, 127 S.Ct. 1955 ). "Where a complaint pleads facts that are 'merely consistent with' a defendant's liability, it 'stops short of the line between possibility and plausibility of entitlement to relief.' " Id. (quoting Twombly , 550 U.S. at 557, 127 S.Ct. 1955 ). Although "detailed factual allegations" are not required, "[a] pleading that offers 'labels and conclusions' or 'a formulaic recitation of the elements of a cause of action will not do.' " Id. (quoting Twombly , 550 U.S. at 555, 127 S.Ct. 1955 ). Similarly, a complaint fails to state a claim "if it tenders 'naked assertion[s]' devoid of 'further factual enhancement.' " Id. (alteration in original) (quoting Twombly , 550 U.S. at 557, 127 S.Ct. 1955 ).

Discussion

Trans Express contends that plaintiff's prior action in small claims court precludes the present litigation. Its motion rests entirely on the doctrine of res judicata.

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Bluebook (online)
355 F. Supp. 3d 165, Counsel Stack Legal Research, https://law.counselstack.com/opinion/simmons-v-trans-express-inc-nyed-2019.