Timothy Waite, individually and on behalf of all others similarly situated v. Compass Minerals America, Inc.

CourtDistrict Court, D. Kansas
DecidedDecember 9, 2025
Docket2:25-cv-02372
StatusUnknown

This text of Timothy Waite, individually and on behalf of all others similarly situated v. Compass Minerals America, Inc. (Timothy Waite, individually and on behalf of all others similarly situated v. Compass Minerals America, Inc.) 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
Timothy Waite, individually and on behalf of all others similarly situated v. Compass Minerals America, Inc., (D. Kan. 2025).

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS

TIMOTHY WAITE, individually and on behalf of all others similarly situated,

Plaintiff, Case No. 2:25-CV-02372-JAR-BGS v.

COMPASS MINERALS AMERICA, INC.,

Defendant.

MEMORANDUM AND ORDER This matter is before the Court on Defendant Compass Minerals America, Inc.’s (“Compass”) Motion to Transfer Venue pursuant to 28 U.S.C. § 1404(a) (Doc. 9), seeking transfer of this action to the Western District of Louisiana. Plaintiff Timothy Waite, individually and on behalf of all others similarly situated, (“Waite”) opposes the motion. The matter is fully briefed, and the Court is prepared to rule. For the reasons explained below, and after considering all the relevant factors, the Court grants Compass’s motion and transfers this case to the Western District of Louisiana. I. Background Waite is employed by Compass and works as a “powder-man.”1 A powder-man is a mining industry term for workers whose primary job duties include the use of explosives for underground mining operations. Waite lives in New Iberia, Iberia Parish, Louisiana and was employed at Compass’s Cote Blanche Mine in Franklin, St. Mary Parish, Louisiana, working to extract rock salt from deposits that sit 1,500 feet below ground.2 Compass is a Delaware

1 Doc. 1. 2 Doc. 10-1. corporation, whose principal place of business is in Overland Park, Kansas. Compass owns and operates the Cote Blanche salt mine, which is its only underground salt mining operation in the United States.3 Employee relations in the Cote Blanche Mine are governed by a collective bargaining agreement between Compass and the United Steelworkers International Union (Local 14425) (“Union”), the Union chapter covering New Iberia, Louisiana.4 Compass and the Union

entered into and negotiated the collective bargaining agreement in Louisiana.5 On July 10, 2025, Waite filed this civil action under the Fair Labor Standards Act6 and the Portal-to-Portal Act7 (collectively, the “FLSA”), seeking damages for Compass’s alleged failure to pay Waite time and one-half the regular rate of pay for all hours worked over 40 in each seven-day workweek. Waite specifically alleges that Compass required Waite and other similar hourly employees to perform work-related tasks outside of their on-the-clock time, which is not considered when calculating their hourly wages.8 Waite does not allege that any of the alleged overtime worked by him or similarly situated employees took place anywhere but the Cote Blanche Mine. However, Waite does allege9 Compass’s “policy and/or practice does not permit [Waite] and similarly situated workers to record the time spent” donning and doffing10.

3 Doc. 24 at 3. 4 Doc. 10-1 ¶ 7. 5 Id. 6 29 U.S.C. §§ 201–219. 7 29 U.S.C. §§ 251–262. 8 Doc. 1 ¶ 2. 9 Doc. 1 ¶¶ 31, 32, 48. 10 “Donning” and “doffing” are industry terms that refer to putting on and taking off, respectively, personal protective equipment. They inherit their form from their 14th century contractions: “do off” and “do on.” On September 9, 2025, Compass filed a motion to transfer the present action from the District of Kansas to the Western District of Louisiana.11 II. Legal Standards Transfer of venue is governed by 28 U.S.C. § 1404. Section 1404(a) provides that a court may transfer an action “[f]or the convenience of parties and witnesses, in the interest of justice, .

. . to any other district or division where it might have been brought.”12 “[V]enue is not limited to the district with the most substantial events or omissions,” but may lie “in multiple judicial districts as long as a substantial part of the underlying events took place in those districts.”13 The decision to transfer venue lies in the sound discretion of the court, based on an “individualized, case-by-case consideration of convenience and fairness.”14 In considering whether to transfer, courts determine whether the case may have been brought in the proposed transferee district and whether the “competing equities” weigh in favor of transfer.15 The Tenth Circuit has directed district courts to weigh the following discretionary factors: (1) the plaintiff’s choice of forum; (2) the accessibility of witnesses and other sources of proof, including the availability of compulsory process to insure attendance of witnesses; (3) the cost of making the necessary proof; (4) questions as to the enforceability of a judgment if one is obtained; (5) relative advantages and obstacles to a fair trial; (6) difficulties that may arise from congested dockets; (7) the possibility of the existence of questions arising in the area of conflict of laws; (8) the advantage of having a local court determine questions of local law; and (9) all

11 See Doc. 9. 12 Emp’rs. Mut. Cas. Co. v. Bartile Roofs, Inc., 618 F.3d 1153, 1166 (10th Cir. 2010) (emphasis in original). 13 Id. (quoting Gulf Ins. v. Glasbrenner, 417 F. 3d 353, 356 (2d Cir. 2005)). 14 Tex. E. Transmission Corp. v. Marine Office-Appleton & Cox Corp., 579 F.2d 561, 567 (10th Cir. 1978). 15 Hustler Magazine, Inc. v. U.S. Dist. Ct. for the Dist. of Wyo., 790 F.2d 69, 71 (10th Cir. 1986). other considerations of a practical nature that make a trial easy, expeditious and economical.16

“[U]nless the balance is strongly in favor of the movant, the plaintiff's choice of forum should rarely be disturbed.”17 “However, when a plaintiff is a class representative, that weight is diminished and factors other than plaintiff’s choice must necessarily take on increased significance.”18 The party seeking to transfer venue “bears the burden of establishing that the existing forum is inconvenient.”19 III. Analysis Pursuant to the standards set forth above, the Court first assesses whether this case might have been brought in the Western District of Louisiana and then proceeds to consider whether the ‘competing equities’ weigh in favor of adjudicating the case in that district. A. Suit could have been filed in transferee court The putative transferee court, the Western District of Louisiana, could have heard Wait’s case in the first instance.20 “The ‘where it might have been brought’ language . . . incorporates the requirements of jurisdiction and proper venue.”21 Here, because Compass owns and operates

16 Bartile Roofs, Inc., 618 F.3d at 1167 (quoting Chrysler Credit Corp. v. Country Chrysler, Inc., 928 F.2d 1509, 1516 (10th Cir. 1991)). 17 Scheidt v. Klein, 956 F.2d 963, 965 (10th Cir. 1992). 18 Schecher v. Purdue Pharma L.P., 317 F. Supp. 2d 1253, 1263 (D. Kan. 2004) (citing Shapiro v. Merrill Lynch & Co., 634 F. Supp. 587, 589 (S.D. Ohio 1986)). 19 Cricut, Inc. v. Enough for Everyone, Inc., No. 2:21-CV-601-TS-DAO, 2022 WL 798877, at *1 (D. Utah Mar. 16, 2022) (citing Chrysler Credit Corp., 928 F.2d at 1515). 20 Waite’s brief in opposition to Compass’s motion to transfer argues that he “lacked knowledge that this case could have been brought in the Western District of Louisiana.” Doc. 19 at 5.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
Timothy Waite, individually and on behalf of all others similarly situated v. Compass Minerals America, Inc., Counsel Stack Legal Research, https://law.counselstack.com/opinion/timothy-waite-individually-and-on-behalf-of-all-others-similarly-situated-ksd-2025.