Zampos v. W & E Communications, Inc.

970 F. Supp. 2d 794, 2013 WL 4782152, 2013 U.S. Dist. LEXIS 129172
CourtDistrict Court, N.D. Illinois
DecidedSeptember 4, 2013
DocketCivil Action No. 12 CV 1268
StatusPublished
Cited by12 cases

This text of 970 F. Supp. 2d 794 (Zampos v. W & E Communications, Inc.) is published on Counsel Stack Legal Research, covering District Court, N.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Zampos v. W & E Communications, Inc., 970 F. Supp. 2d 794, 2013 WL 4782152, 2013 U.S. Dist. LEXIS 129172 (N.D. Ill. 2013).

Opinion

OPINION AND ORDER

CHARLES R. NORGLE, District Judge.

This is a putative collective action under the Fair Labor Standards Act (“FLSA”), [796]*79629 U.S.C. § 201 et seq., and a putative class action under the Illinois Wage Payment and Collection Act (“IWPCA”), 820 111. Comp. Stat. 115 et seq., the Illinois Minimum Wage Law (“IMWL”), 820 111. Comp. Stat. 105 et seq., and the Illinois Employee Classification Act (“IECA”), 820 111. Comp. Stat. 185 et seq. Plaintiffs Louis Zampos (“Zampos”) and Juan G. Gonzalez (“Gonzalez”) (collectively, “Plaintiffs”) seek to hold Defendants Comcast Corporation and Comcast Cable Communications Management, LLC (collectively, “Comcast”) jointly and severally liable for alleged unpaid wages and other relief sought in this lawsuit against Defendants W & E Communications, Inc. (‘W & E”), Jorge Chirinos, and William Perez (collectively, “Defendants”), alleging that Com-cast is Plaintiffs’ joint-employer. Before the Court is Comcast’s motion for summary judgment. For the following reasons, the motion is granted.

I. BACKGROUND

The facts are largely undisputed, in part, because Plaintiffs failed to comply with the requirements of United States District Court for the Northern District of Illinois Local Rule 56.1.

A. Local Rule 56.1

“District courts have broad discretion to enforce and require strict compliance with their local rules.” Benuzzi v. Bd. of Educ. of City of Chi., 647 F.3d 652, 655 (7th Cir.2011) (citing Elustra v. Mineo, 595 F.3d 699, 710 (7th Cir.2010)). Local Rule 56.1 is designed to conserve judicial time and resources. See Bordelon v. Chi. Sch. Reform Bd. of Trs., 233 F.3d 524, 527 (7th Cir.2000) (“These rules assist the court by organizing the evidence, identifying undisputed facts, and demonstrating precisely how each side proposed to prove a disputed fact with admissible evidence.” (internal quotation marks and citation omitted)). Pursuant to Local Rule 56.1, a litigant opposing a motion for summary judgment must file “a response to each numbered paragraph in the moving party’s statement, including, in the case of any disagreement, specific references to the affidavits, parts of the record, and other supporting materials relied upon.” N.D. 111. LR 56.1(b)(3)(B). “Local Rule 56.1’s enforcement provision provides that when a responding party’s statement fails to controvert the facts as set forth in the moving party’s statement in the manner dictated by the rule, those facts shall be deemed admitted for purposes of the motion.” Smith v. Lamz, 321 F.3d 680 (7th Cir.2003) (citing N.D. 111. LR 56.1.(b)(3)(C)).

Here, many of Plaintiffs’ submissions do not comply with the requirements of the local rule. On point, Plaintiffs deny, or deny in part, a substantial number of Com-cast’s statement of material facts without evidentiary support in the record. “An answer that does not deny the allegations in the numbered paragraph with citations to supporting evidence in the record constitutes an ¿dmission.” Jupiter Aluminum Corp. v. Home Ins. Co., 225 F.3d 868, 871 (7th Cir.2000) (internal quotation marks and citation omitted). In addition, many of Plaintiffs’ responses are improper to the extent they are conclusory, argumentative, or otherwise include additional facts. See Cichon v. Exelon Generation Co., 401 F.3d 803, 809 (7th Cir.2005) (“Local Rule 56.1 requires specifically that a litigant seeking to oppose a motion for summary judgment file a response that contains a separate ‘statement ... of any additional facts that require the denial of summary judgment.’ ” (quoting N.D. 111. LR 56.1(b)(3)(C) (additional citations omitted))); Menasha Corp. v. News Am. Mktg. In-Store, Inc., 238 F.Supp.2d 1024, 1029 (N.D.Ill.2003) (“[T]he Court will disregard [797]*797all argumentative, conclusory, unsupported or otherwise non-conforming portions of Menasha’s ‘Statement of Material Facts under L.R. 56.1.’ ”). The Court also notes that Plaintiffs’ responses “[slaying that a document ‘speaks for itself is not a denial under Local Rule 56.1(b)(3)(B).’ ” Henderson v. Bovis Lend Lease, Inc., 848 F.Supp.2d 847, 849 (N.D.Ill.2012) (citations omitted). All material facts submitted by Comcast and not properly contested or controverted by Plaintiffs are deemed admitted. Finally, Plaintiffs statements of additional facts are deficient to the extent that the record citations do not support the facts asserted. See N.D. 111. LR 56.1(b)(3)(C). It is not the Court’s responsibility to “ferret through the record” in search of factual support for Plaintiffs’ assertions. Peters v. Renaissance Hotel Operating Co., 307 F.3d 535, 547 n. 10 (7th Cir.2002) (citing Colburn v. Trs. of Ind. Univ., 973 F.2d 581, 593 (7th Cir.1992)).

B. Facts1

Comcast provides cable, entertainment, and communications products and services in the state of Illinois. To supplement its in-house workforce, Comcast engages the services of outside contracting companies, including W & E. W & E technicians service Comcast customers and install Comcast products. Zampos began working for W & E in 2006 or 2007. Zampos transitioned to Matrix Communications for approximately two months in 2008 or 2009, and then returned to W & E until the end of November 2010. Gonzalez worked for W & E for approximately eight months in 2010, and for approximately six months in 2011.

Comcast defines the work by technicians as “the labor necessary to accomplish, and all materials, supplies and equipment to be used in connection with and/or necessary for, the construction, installations, Audits, Disconnects ... including all labor, materials, supplies, and equipment.” Pis.’ Additional Uncontested Statements of Facts ¶ 12. W & E technicians use Comcast equipment, including cable boxes and modems, to perform installations. Comcast routes work orders to W & E’s general pool and, in turn, W & E routes and assigns work orders to W & E technicians. W & E technicians receive work orders via TechNet, a software program provided by a third-party to Comcast. TechNet contains job details, such as Comcast customer information, the job location, the technician identification number, and the start and stop time for each job performed. Comcast can track the jobs of technicians through a database, On-Track, that will report the completed jobs performed by technicians.

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Bluebook (online)
970 F. Supp. 2d 794, 2013 WL 4782152, 2013 U.S. Dist. LEXIS 129172, Counsel Stack Legal Research, https://law.counselstack.com/opinion/zampos-v-w-e-communications-inc-ilnd-2013.