Thompson v. Real Estate Mortgage Network, Inc.

106 F. Supp. 3d 486, 2015 U.S. Dist. LEXIS 67186
CourtDistrict Court, D. New Jersey
DecidedMay 21, 2015
DocketCiv. No. 2:11-1494 (KM)(MAH)
StatusPublished
Cited by9 cases

This text of 106 F. Supp. 3d 486 (Thompson v. Real Estate Mortgage Network, Inc.) is published on Counsel Stack Legal Research, covering District Court, D. New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Thompson v. Real Estate Mortgage Network, Inc., 106 F. Supp. 3d 486, 2015 U.S. Dist. LEXIS 67186 (D.N.J. 2015).

Opinion

OPINION & ORDER

KEVIN McNULTY, District Judge.

Plaintiff Patricia Thompson sues her former employers for allegedly failing to compensate her for overtime work, in violation of the Fair Labor Standards Act (“FLSA”), 29 U.S.C. §§ 201-219 and the New Jersey Wage and Hour Law (“NJWHL”), N.J. Stat. Ann. §§ 34:11-56a-34:11-56a38. Her employers seek to dismiss the state-law claim only. This matter comés before the Court on the motion' (ECF No. 52) of Defendants Real Estate Mortgage Network, Inc. (“REMN”), Security Atlantic Mortgage Company, Inc. (“SAMC”), Noel Chapman, [488]*488and Samuel Lamparello (collectively, the “Employers”) for partial judgment on the pleadings as to Count II of the Amended Complaint, pursuant to Fed.R.Civ.P. 12(c). For the reasons set forth below, Defendants’ motion is DENIED.

I. BACKGROUND1

a. Facts

Patricia Thompson, a New Jersey resident, was employed as an underwriter at SAMC and REMN. (Am. Compl. ¶ 5, ECF No. 27.) She worked for SAMC from June 8, 2009 to February 2010 and for REMN from February 2010 to August 5, 2010. (Id.)

Thompson alleges that she and other similarly situated individuals2 were employees of REMN and SAMC within the meaning of the FLSA, 29 U.S.C. § 203(e)(1), (g) and the NJWHL, N.J. Stat. Ann. 34:11-56a1(f), (g), (h). (Id. ¶¶ 6-7.)

Defendants REMN and SAMC, both New Jersey corporations, are nationwide direct mortgage lenders. (Id. ¶¶ 9, 12.) REMN and SAMC are alleged to be employers or joint employers within the meaning of the FLSA, 29 U.S.C. § 203(a), (d), (r), (s)(1)(A), and the NJWHL, N.J. Stat. Ann. 34:ll-56al(g). (Id. ¶¶ 10-11, 13-14.)

Defendant Chapman, a New Jersey resident, was at all relevant times the co-owner and Executive Vice President and officer of SAMC. (Id. ¶ 17.) In 2011, Chapman became an Executive Vice President of REMN. (Id.)

Defendant Lamparello, a New Jersey resident, was at all relevant times the co-owner and President of SAMC. (Id. ¶ 22.) Lamparello became an officer of REMN in 2011. (Id.)

Thompson alleges that the REMN and SAMC failed to properly compensate her with overtime pay for time worked in excess of forty house in a work week. (Id. ¶¶ 34, 67.) Specifically, she states that her employers misclassified her as an exempt, salaried employee, who therefore was ineligible to receive overtime pay. (Id. ¶¶ 34, 59-61.) Thompson alleges that she regularly worked more than eight hours per day and more than forty hours per week without overtime compensation. (Id. ¶ 46.)

Thompson brings claims under the FLSA, 29 U.S.C. § 207 (Count I) and the NJWHL, N.J. Stat. Ann. §§ 34:11-56a-34:11-56a38 (Count II).

This Court has subject matter jurisdiction over the federal-law claim pursuant to 28 U.S.C. § 1331 and the FLSA, 29 U.S.C. § 216(b). This Court exercises supplemental jurisdiction over Thompson’s state-law claim pursuant to 28 U.S.C. § 1367(a).

b. Procedural history

Thompson first filed her complaint on March 16, 2011. On December 30, 2011, District Judge Dennis M. Cavanaugh3 granted the Employers’ motion to dismiss the complaint under Fed.R.Civ.P. 12(b)(6) for failure to plead with the requisite specificity. (ECF Nos. 23, 24.)

On January 26, 2012, Thompson filed her amended complaint. (ECF No. 25.) On August 31, 2012, Judge Cavanaugh [489]*489once again dismissed Thompson’s complaint for failure to plead with the requisite specificity. (ECF Nos. 38, 39.)

On April 3, 2013, the Third Circuit vacated and remanded Judge Cavanaugh’s January 26, 2012 opinion. Thompson v. Real Estate Mortgage Network, 748 F.3d 142 (3d Cir.2014) (ECF No. 44). This Court entered an order implementing the Third Circuit’s mandate on May 22, 2014. (ECF No. 47.)

The Employers now move for judgment on the pleadings as to the second count of the amended complaint, brought under the New Jersey Wage and Hour Law.

Neither Judge Cavanaugh nor the Third Circuit considered the Employers’ current argument regarding the NJWHL, which is presented for the First time in this motion.

II. DISCUSSION

a. Standard for judgment on the pleadings

A motion for judgment on the pleadings pursuant to Federal Rule of Civil Procedure Rule 12(c) is often indistinguishable from a motion to dismiss, except that it is made after the filing of a responsive pleading. Federal Rule of Civil Procedure 12(h)(2) “provides that a defense of failure to state a claim upon which relief can be granted may also be made by a motion for judgment on the pleadings.” Turbe v. Gov’t of Virgin Islands, 938 F.2d 427, 428 (3d Cir.1991). Accordingly, when a Rule 12(c) motion asserts that the complaint fails to state a claim, the familiar Rule 12(b)(6) standard applies. Id.

Rule 12(b)(6) provides for the dismissal of a complaint, in whole or in part, if it fails to- state a claim upon which relief can be granted. The defendant, as the moving party, bears the burden of showing that no claim has been stated. Animal Science Products, Inc. v. China Minmetals Corp., 654 F.3d 462, 469 n. 9 (3d Cir.2011). For the purposes of a motion to dismiss, the facts alleged in the complaint are accepted as true and all reasonablé inferences are drawn in favor of the plaintiff. N.J. Carpenters & the Trustees Thereof v. Tishman Const. Corp. of N.J., 760 F.3d 297, 302 (3d Cir.2014).

b. Analysis of the NJWHL

The Employers make a pure argument of law. They contend that the NJWHL provides a private right of action only for minimum wage violations, not for overtime compensation violations like the ones alleged here. (Defs. Mot. 5, ECF No. 52.) They cite to the text of the statute, which states:

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Cite This Page — Counsel Stack

Bluebook (online)
106 F. Supp. 3d 486, 2015 U.S. Dist. LEXIS 67186, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thompson-v-real-estate-mortgage-network-inc-njd-2015.