Thornton v. Mainline Communications, LLC

157 F. Supp. 3d 844, 2016 U.S. Dist. LEXIS 5850, 2016 WL 228897
CourtDistrict Court, E.D. Missouri
DecidedJanuary 19, 2016
DocketCase No. 4:12-CV-00479 SNLJ
StatusPublished
Cited by5 cases

This text of 157 F. Supp. 3d 844 (Thornton v. Mainline Communications, LLC) is published on Counsel Stack Legal Research, covering District Court, E.D. Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Thornton v. Mainline Communications, LLC, 157 F. Supp. 3d 844, 2016 U.S. Dist. LEXIS 5850, 2016 WL 228897 (E.D. Mo. 2016).

Opinion

MEMORANDUM AND ORDER

STEPHEN N. LIMBAUGH, JR., UNITED STATES DISTRICT JUDGE

This matter is before the Court on plaintiffs’ motion for partial summary judgment. Defendants, have not’ filed a response and the time for doing so has expired. The motion is ripe for disposition. For the following reasons, the motion will be granted in part and denied in part.

I. Background

Plaintiffs Bernard Thornton,,Lejuan Wiley, and Tyrone Cameron .(“plaintiffs”) filed a multi-count -complaint against defendants Mainline Communications, LLC, Rodger Miller, Charter Communications, LLC, and- Charter Communications, Inc. alleging violations of the Fair Labor Standards Act (“FLSA”), 29 U.S.C. § 201 et seq., and the Missouri Minimum Wage Law (“MMWL”), § 290.500 RSMo., et seq., as well as common law claims for quantum meruit and unjust enrichment. Plaintiffs allege that they were misclassified as independent contractors and denied overtime pay. Defendants Charter Communications, LLC, and Charter Communications, Inc. were previously granted summary judgment on plaintiffs’ claims that they were joint employers. Now pending before this Court is plaintiffs’ motion for partial summary. judgment on their overtime wage claims, under the FLSA and MMWL, counts I and III of their second amended complaint, against defendants Mainline Communications, LLC and Rodger Miller.

II. Summary Judgment Standard

Pursuant to Federal Rule of Civil Procedure 56(a), a district court may grant a motion for summary judgment if all of the information before the court demonstrates that “there is no genuine-issue as to any material fact and the moving party is entitled to judgment as a matter of law.” [846]*846Celotex Corp. v. Catrett, 477 U.S. 317, 322, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). The burden is on the moving party. City of Mt. Pleasant, Iowa v. Associated Elec. Co-op. Inc., 838 F.2d 268, 273 (8th Cir.1988). After the moving party discharges this burden, the nonmoving party must do more than show that there is some doubt as to the facts. Matsushita Elec. Industrial Co. v. Zenith Radio Corp., 475 U.S. 574, 586, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986). Instead, the nonmoving party bears the burden of setting forth specific facts showing that there is sufficient evidence in his favor to allow a jury to return a verdict for him. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 249, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986); Celotex, 477 U.S. at 324, 106 S.Ct. 2548. In ruling on a motion for summary judgment, the court must review the facts in a light most favorable to the party opposing the motion and give that party the benefit of any inferences that logically can be drawn from those facts. Matsushita, 475 U.S. at 587, 106 S.Ct. 1348; Woods v. DaimlerChrysler Corp., 409 F.3d 984, 990 (8th Cir.2005)

III. Facts

The Court has reviewed plaintiffs’ statement of uncontroverted material facts and the supporting documentation and, where appropriate, will accept facts as supported by appropriate admissible evidence. Further, the Court notes that defendants failed to specifically controvert plaintiffs’ statement of facts and, therefore, those facts are deemed admitted for this motion. O’Connell v. Accurate Plumbing, LLC, 4:04CV1368 FRB, 2005 WL 2176926, at *2 (E.D.Mo. Sept. 8, 2005) (citing Northwest Bank & Trust Co. v. First Ill. Nat’l Bank, 354 F.3d 721, 724-25 (8th Cir.2003); Harris v. Interstate Brands Corp., 348 F.3d 761, 762-63 (8th Cir.2003)). The undisputed facts, as supported by the record, are set forth below.

At all times relevant hereto, defendant Rodger Miller was the owner of Mainline Communications, LLC, which was engaged solely in the repair and installation of cable, internet, and telephone boxes throughout the St. Louis area. Plaintiffs Bernard Thornton, Lejuan Wiley, and Tyrone Cameron worked as technicians for defendants installing and repairing cable, internet, and telephone boxes.

Plaintiffs were required to report to Mainline on a daily basis and follow defendants’ instructions as to when, where, and how they were to complete their daily job assignments. More specifically, plaintiffs were directed and controlled by defendants regarding when to report to scheduled .jobs; where to report to scheduled jobs; when the workday ended; how much work they received and were required to perform each day; and how to perform the necessary services in order to properly complete the scheduled jobs on behalf of defendants. Mainline technicians did not have any input into work procedures. Miller made all workplace decisions. Defendants had control over, and were responsible for, entering the jobs for each day into an online database, which plaintiffs would check prior to and after arriving at the Mainline office.

Plaintiffs and other Mainline technicians were tracked every minute they worked throughout the day. This tracking included when plaintiffs were on a job, when they completed a job, when they were in route to another job, drive time between jobs, lunch breaks, points assigned and completed per day, routing, late appointments, and repeat service and installation call rates. Plaintiffs were required to check in with Mainline office personnel throughout the day and regularly submit written reports.

Defendants provided plaintiffs with cable wire, wire splitters, and cable meters for use on their daily job assignments. [847]*847Mainline tracked plaintiffs to make sure all equipment was turned in on a daily basis. Plaintiffs also used Charter equipment that was provided to them by Mainline, including cable boxes, modems, keys for lock boxes, fittings, ground blocks, and other items need to perform their installation and repair work.

Plaintiffs and other Mainline technicians were required to wear a Mainline uniform, during job assignments and present themselves as Mainline employees. There were times when Miller would not let a technician work if he was not wearing a Mainline uniform. Mainline technicians also had to place signs on their vehicles that said “Mainline Communications.”

When Plaintiffs began working at Mainline, they received on the job training-from other Mainline technicians. Plaintiffs were not allowed to work in the field on their own until after training, and defendants had to approve them to work in the field. Mainline trained its technicians according to certain specifications and requirements. Prior to working at Mainline, Thornton and Wiley had no experience in the cable industry.

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Bluebook (online)
157 F. Supp. 3d 844, 2016 U.S. Dist. LEXIS 5850, 2016 WL 228897, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thornton-v-mainline-communications-llc-moed-2016.