Sisney v. Trinidad Drilling, LP

231 F. Supp. 3d 233, 2017 WL 436048, 2017 U.S. Dist. LEXIS 12689
CourtDistrict Court, W.D. Texas
DecidedJanuary 30, 2017
DocketCivil Case No. 15-cv-132 (RCL)
StatusPublished
Cited by3 cases

This text of 231 F. Supp. 3d 233 (Sisney v. Trinidad Drilling, LP) is published on Counsel Stack Legal Research, covering District Court, W.D. Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sisney v. Trinidad Drilling, LP, 231 F. Supp. 3d 233, 2017 WL 436048, 2017 U.S. Dist. LEXIS 12689 (W.D. Tex. 2017).

Opinion

MEMORANDUM OPINION

Royce C. Lamberth, United States District Judge

I. INTRODUCTION

Plaintiffs brought this action against Trinidad Drilling, LP, their former employer, pursuant to the Worker Adjustment and Retraining Notification Act, 29 U.S.C. §§ 2101-2109 (WARN Act). Before this Court is defendant Trinidad Drilling LP’s Motion [ECF No. 15] for Summary Judgment, plaintiffs’ Response [ECF No. 16], and defendant’s Reply [ECF No. 17]. Defendant’s Reply also contained a Motion [ECF No. 17]. to Strike. Plaintiffs’ Response [ECF No. 21] was timely filed, and defendant did not reply. For the reasons discussed below, this Court will GRANT the Motion for Summary Judgment and DENY the Motion to Strike as moot.

II. BACKGROUND

Trinidad Drilling, LC owns and operates drilling rigs that provide drilling services on oil and gas leases in various states, including Texas and Oklahoma. Depending on the region, a rig yard might consist of dozens of drilling rigs. Walker Deck [ECF No. 16-1] ¶ 3. According to defendants, each rig had the same positions, and it was common for personnel and equipment to shift between rigs. Walker Deck ¶ 15; Sisney Deck 3, ¶¶ 7-8; Fetters Deck ¶¶ 4-5. Further, each rig appears to have been managed by rig manager and a Superintendent. Walker Deck ¶¶ 6-7; Sisney Deck ¶ 6, Fetters Deck ¶ 6. Superintendents were above rig managers and responsible for multiple rigs within a yard or region. Id. Managers were assigned to a particular drilling rig, and managed the “roughneck” positions below them. The plaintiffs here were roughnecks, not in upper management positions, and were never reassigned from their rig to another.1

This action focuses on layoffs at drilling rigs that are located in or around (1) San Antonio, Texas, (2) Woodward, Oklahoma, and (3) North Central Texas. Plaintiffs worked for Trinidad Drilling on several drilling rigs but were laid off between December 2014 and January 2015.2 Specifi[236]*236cally, Trinidad Drilling reduced the crew assigned to Rig 123 — laying off 8 employees — and took Rig 206 and Rig 111 out of service entirely — terminating the 22 employees working at each rig. Plaintiffs did not receive any written notice prior to their termination. It is undisputed that less than 50 persons were employed at each rig. See Campbell Affidavit 3, ¶ 7 [ECF No. 15-1] ( In no instances does a Rig have as many as 50 employees assigned to it.”).

Plaintiffs filed suit, alleging that their terminations were in violation of the WARN Act. The WARN Act requires employers who employ over 100 employees to give 60 days advanced written notice before ordering a plant closing or mass layoff at a single site of employment. See 28 U.S.C. § 2101(a). Plaintiffs’ complaint alleges that the termination of Trinidad employees here occurred at single sites of employment in violation of the WARN Act. See Am. Compl. 1 [ECF No. 13]. Plaintiffs have alleged the terminations took place at three separate “single sites” within the requirements of the WARN Act: sites in San Antonio, Woodward, and North Central Texas. Id. at 3-7.

Trinidad Drilling filed a Motion for Summary Judgment on the applicability of the WARN Act. Specifically, Trinidad Drilling argues that the drilling rigs should not be considered collectively as “single sites of employment” within a geographic area. Def.’s Mot. 8 [ECF No. 15]. In other words, the rigs themselves are single sites of employment, but the plaintiffs cannot combine those sites to create a large single site based on a geographic region. According to Trinidad Drilling, if the regions are not separate single sites of employment, the layoffs at issue did not require 60-day advance written notice under the WARN Act. Id. at 15. Plaintiffs oppose summary judgment, contending that genuine issues of material fact exist as to whether the rigs may be aggregated into single sites. Pls.’ Opp’n 6-9 [ECF No. 16]. In short, plaintiffs argue that the evidence presented would allow a reasonable jury to find that the geographic regions— rather than the individual rigs — were single sites of employment under the WARN Act.

III. LEGAL STANDARDS

Under Federal Rule of Civil Procedure 56, a court must grant summary judgment “if the movant shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed. R. Civ. P. 56(a); see Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 247, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986). The moving party bears the burden of establishing the lack of a genuine absence of material fact. Id. A fact is material if it could affect the outcome of a case. Id. A dispute is genuine if the evidence is such that “a reasonable jury could return a verdict for the nonmoving party.” Id. Once the moving party demonstrates a lack of an issue of material fact, the burden passes to the nonmoving party. To survive summary judgment, a nonmoving party must present specific facts or evidence that would allow a reasonable factfinder to find in his favor on a material issue. Id. However, merely asserting a factual dispute or conclusory denials of the allegations raised by the moving party is insufficient; the nonmoving party must come forward with competent evidence. Id. at [237]*237249-250, 106 S.Ct. 2505. The nonmoving party may set forth specific facts by submitting affidavits or other evidence that demonstrates the existence of a genuine issue. Id. See also Fed. R. Civ. P. 56(c). Competent evidence of the nonmoving party is to be believed, and all justifiable inferences are to be drawn in her favor. Id.

Under the WARN Act, employers must provide 60-day notice to workers before a “plant closing” or “mass layoff.” 29 U.S.C. § 2102(a). An employer who fails to provide such notice is liable for back pay, lost benefits, civil penalties, and attorneys’ fees. Viator v. Delchamps Inc., 109 F.3d 1124, 1127 (5th Cir. 1997) (citing 29 U.S.C. § 2104). The WARN Act defines a “plant closing” as “the permanent or temporary shutdown of a single site of employment, or one or more facilities or operating units within a single site of employment, if the shutdown results in an employment loss at the single site of employment during any 30-day period for 50 or more employees!)]” 29 U.S.C. § 2101(a)(2) (emphasis added). “Mass layoff is defined as “a reduction in force which ... results in an employment loss at the single site of employment during any 30-day period for at least 33 percent of the employees ... and at least 50 employees.” 29 U.S.C.

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Bluebook (online)
231 F. Supp. 3d 233, 2017 WL 436048, 2017 U.S. Dist. LEXIS 12689, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sisney-v-trinidad-drilling-lp-txwd-2017.