Whalen v. United States

80 Fed. Cl. 685, 2008 U.S. Claims LEXIS 59, 2008 WL 715465
CourtUnited States Court of Federal Claims
DecidedMarch 12, 2008
DocketNo. 07-707C
StatusPublished
Cited by20 cases

This text of 80 Fed. Cl. 685 (Whalen v. United States) is published on Counsel Stack Legal Research, covering United States Court of Federal Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Whalen v. United States, 80 Fed. Cl. 685, 2008 U.S. Claims LEXIS 59, 2008 WL 715465 (uscfc 2008).

Opinion

OPINION AND ORDER

LETTOW, Judge.

In this case, plaintiffs, Mr. David Whalen, Mr. Gregory Turner, Mr. Greg Morgan, and fifty anonymously-named Air Traffic Control Specialists (“Specialists” or “ATCSs”) using the fictitious names ATC1 through ATC50, claim that they and other similarly situated Specialists employed by the Federal Aviation Administration (“FAA”) at the High Desert Terminal Radar Approach Control (“TRA-CON”), Edwards Air Force Base, California (“Edwards AFB”) have not been compensated for their overtime labor in contravention of the Fair Labor Standards Act, as amended, 29 U.S.C. §§ 201-219 (the “Act” or “FLSA”). Compl. UH1-8. The government has filed motions for partial dismissal of the [687]*687complaint and for a more definite statement, which motions have been fully briefed by the parties and are ready for disposition.

BACKGROUND1

Plaintiffs (the “Whalen plaintiffs”) aver that they are all ATCSs employed by the FAA at Edwards AFB. Compl. Hlf 3-4.2 They claim that they were entitled to receive compensation for overtime work pursuant to the FLSA but that the FAA improperly treated them as being exempt from that Act. Compl. H1I7-11. They “allege that they were employed by the [FAA] at all times relevant and during the three years prior to the filing of the complaint in September, 2007 (the FLSA limitations period),” Pis.’ Opp’n at 1 (citing Compl. H 6), specifically averring that they were employed by FAA from April 1, 1996 to the present and alleging that the relevant documentation respecting their employment is “largely in the exclusive hands of [defendant.” Compl. H 6. They allege violations of 29 U.S.C. §§ 207 and 215, which specify the number of hours in excess of which overtime rates apply. Compl. H 21. They assert that the FAA’s actions in failing appropriately to compensate them were “willful.” Compl. 1I1Í 22-23.

The Whalen plaintiffs claim that the FAA required them to work, uncompensated, in excess of 40 hours per week “during most weeks of their employment.” Compl. Hit 7-9, 19-21. The claimed overtime work consisted of “administrative, exercise, medical, inspection and other duties which [could] have been reasonably known, anticipated, ordered, and required by [the FAA] at the time of making work schedules.” Compl. 119. In the Whalen plaintiffs’ view, the FAA “failed to include time known by [the FAA] to be necessary to perform such duties in the scheduled workweeks of the [p]laintiffs” and failed to compensate plaintiffs for carrying out those necessary duties. Id.

For a remedy, the Whalen plaintiffs request that the court (1) allow their claim to proceed as a collective action under 29 U.S.C. § 216(b), providing notice to all ATCSs employed by the defendant at Edwards AFB of their right to participate in the action; (2) declare that plaintiffs were and are not exempt from the overtime provisions of 29 U.S.C. § 207; (3) award plaintiffs and all others who consent to join this action back-pay, liquidated damages, and “other compensation and benefits to which they may be entitled;” (4) enjoin the government from failing to pay overtime compensation due under 29 U.S.C. § 207; and (5) award plaintiffs and others who consent to participate in the action pre-judgment interest, costs of suit, and reasonable attorneys’ fees and expenses. Compl. at 5-7.

ANALYSIS

A Motion for Partial Dismissal

The government moves “pursuant to Rule 12(b)” of the Rules of the United States Court of Federal Claims (“RCFC”) for partial dismissal of the complaint. Def.’s Mot. at 1. Among other things, the government argues that ‘Whalen’s complaint is duplica-tive of another pending suit in this Court and plaintiffs have violated RCFC 10(a) by not listing the names of plaintiffs ATC1 through ATC50.” Id.

1. Rule 12(b).

The government’s broadly framed motion to dismiss must be broken down into constituent elements for analysis. First, Rule 12(b)(1) relating to subject matter jurisdiction is not a viable ground for dismissal because this court has jurisdiction over FLSA claims. See Waters v. Rumsfeld, 320 F.3d 265 (D.C.Cir.2003) (holding that this court has exclusive jurisdiction over FLSA claims in excess of $10,000, provided that [688]*688plaintiffs have not waived the amount in excess). The court has concurrent jurisdiction with the district courts of claims less than or equal to $10,000. See 28 U.S.C. §§ 1346(a)(2), 1491(a)(1). Accordingly, this court has subject matter jurisdiction over the Whalen plaintiffs’ claims.

Second, the government cannot invoke RCFC 12(b)(6) as a ground for dismissal because the Whalen plaintiffs have stated a claim upon which relief can be granted. “Dismissal of a complaint under RCFC 12(b)(6) is appropriate when the plaintiff can prove no set of facts that would warrant the requested relief, when drawing all well-pleaded factual inferences in favor of the complainant.” Levine v. United States, 453 F.3d 1348, 1350 (Fed.Cir.2006) (citing Leider v. United States, 301 F.3d 1290, 1295 (Fed.Cir.2002)). In ruling on a motion under RCFC (12)(b)(6), the court must decide “ ‘not whether a plaintiff will ultimately prevail but whether the claimant is entitled to offer evidence to support the claims.’ ” Swierkiewicz v. Sorema N.A., 534 U.S. 506, 511, 122 S.Ct. 992, 152 L.Ed.2d 1 (2002) (quoting Scheuer v. Rhodes, 416 U.S. 232, 236, 94 S.Ct. 1683, 40 L.Ed.2d 90 (1974)). A motion to dismiss should not be granted unless “it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief.” Conley v. Gibson, 355 U.S. 41, 45-46, 78 S.Ct. 99, 2 L.Ed.2d 80 (1957). Plaintiffs’ factual allegations need not be detailed, but they “must be enough to raise a right to relief above the speculative level on the assumption that all the allegations in the complaint are true (even if doubtful in fact).” Bell Atlantic Corp. v. Twombly, — U.S. —, —, 127 S.Ct. 1955, 1964-65, 167 L.Ed.2d 929 (2007) (citations omitted); see also McZeal v. Sprint Nextel Corp., 501 F.3d 1354, 1356 n. 4 (Fed.Cir.2007).

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

Related

A. M. v. United States
Federal Claims, 2022
Brinkman v. United States
Federal Claims, 2022
Redmond v. United States
Federal Claims, 2022
Alvarez v. United States
Federal Claims, 2021
Adair v. United States
Federal Claims, 2021
Adegbite v. United States
Federal Claims, 2021
Adams v. United States
Federal Claims, 2020
Doe No. 1 v. United States
Federal Claims, 2020
Doe v. United States
Federal Claims, 2019
Boggs v. United States
Federal Claims, 2019
Anderson v. United States
Federal Claims, 2019
Larry Golden v. United States
Federal Claims, 2013
Blue v. United States
108 Fed. Cl. 61 (Federal Claims, 2012)
Abbey v. United States
99 Fed. Cl. 430 (Federal Claims, 2011)
Haggart v. United States
89 Fed. Cl. 523 (Federal Claims, 2009)
Morgan v. Federal Aviation Administration
262 F.R.D. 5 (District of Columbia, 2009)
Whalen v. United States
85 Fed. Cl. 380 (Federal Claims, 2009)

Cite This Page — Counsel Stack

Bluebook (online)
80 Fed. Cl. 685, 2008 U.S. Claims LEXIS 59, 2008 WL 715465, Counsel Stack Legal Research, https://law.counselstack.com/opinion/whalen-v-united-states-uscfc-2008.