Zhou v. International Business Machines Corp.

167 F. Supp. 3d 1008, 2016 WL 930544, 2016 U.S. Dist. LEXIS 31339
CourtDistrict Court, N.D. Iowa
DecidedMarch 11, 2016
DocketNo. C15-1027-LTS
StatusPublished
Cited by4 cases

This text of 167 F. Supp. 3d 1008 (Zhou v. International Business Machines Corp.) is published on Counsel Stack Legal Research, covering District Court, N.D. Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Zhou v. International Business Machines Corp., 167 F. Supp. 3d 1008, 2016 WL 930544, 2016 U.S. Dist. LEXIS 31339 (N.D. Iowa 2016).

Opinion

ORDER ON PLAINTIFF’S MOTION FOR PRELIMINARY INJUNCTION AND RESTRAINING ORDER

LEONARD T. STRAND, UNITED STATES DISTRICT JUDGE

This case is before me on plaintiffs motion (Doc. No. 41) for preliminary injunction and restraining order. For the [1009]*1009reasons set forth below, I find that the requested relief is unavailable at this time because the motion is based on facts and claims that are beyond the scope of plaintiffs complaint. As such, the motion must be denied.1

I.BACKGROUND

Plaintiff Shaunpen Zhou filed this action on August 17, 2015. See Doc. No. 1. His complaint names two defendants: (1) International Business Machines Corporation (IBM) and (2) Artech Information Systems, LLC (Artech). In general terms, Zhou contends that he is employed by Artech and has been placed by Artech as a temporary employee at IBM since March 18, 2013. Zhou alleges that during his placement at IBM, he has been treated adversely as compared to other employees due to his age. Among other things, he contends that he has been discriminated against with regard to such matters as compensation, working conditions and IBM’s refusal to hire him as a direct employee. He also contends that IBM and Artech have paid him for fewer hours than he actually worked. Counts One and Three of his complaint assert discrimination claims against IBM under the Age Discrimination in Employment Act of 1967 (ADEA). Doc. No. 1 at 30-33. Count Three asserts ADEA discrimination claims against both defendants, while Count Four asserts claims against both defendants under the ADEA and the Fair Labor Standards Act (FLSA) based on Zhou’s contention that he has not been paid for all hours worked. Id. at 32-33. The complaint includes the following requests for relief:

1. A judgment declaring that Defendants discriminated against Plaintiff in violation of 29 U.S.C. §§ 621-634, 29 U.S.C. § 207(a) and § 215;
2. A money judgment representing compensatory damages, including unpaid wages, unpaid overtime compensation, unpaid night-shift premium, and all other sums of money;
3. A money judgment representing liquidated damages for Defendants’ willful violations of the ADEA and FLSA;
4. A money judgment representing compensatory damages for physical and emotional distress pursuant to Defendants’ willful violations of the ADEA and FLSA;
5. An Order directing Defendant IBM hire Plaintiff as a regular employee for a position of Senior Subject Matter Expert or equivalent. For purpose of determining IBM employee’s wage rate and benefits, all of the years Plaintiff had been working for IBM as a temporary employee shall be counted as his regular IBM employee time;
6. Award Plaintiff the costs of suit, including reasonable attorneys’ fees pursuant to 29 U.S.C. §§ 626(b) and 216(b); and
7. Such other and further relief as this Court deems just and proper.

Id. at 34. With the possible exception of the requested “Order directing Defendant IBM hire Plaintiff as a regular employee,” none of these items of requested relief are of an injunctive nature.

Both defendants have filed answers (Doc. Nos. 9,14) in which they deny liability and assert various affirmative defenses. Trial is scheduled to begin February 27, 2017.

[1010]*1010 II. ZHOU’S MOTION

Zhou filed his present motion on March 10, 2016. He contends that IBM and Ar-tech effectively terminated his employment on February 22, 2016, as a retaliatory measure soon after Zhou served his initial disclosures pursuant to Federal Rule of Civil Procedure 26(a). Doc. No. 41-1 at 1-2. Specifically, he alleges that he served his initial disclosures on Friday, February 19, 2016, and was advised by Arteeh the following Monday that IBM requested his removal from all IBM accounts. Because Zhou’s employment with Arteeh was devoted entirely to serving IBM, Zhou contends that IBM’s decision to remove him from all IBM accounts has rendered him unemployed, thus terminating his sole source of income. Zhou alleges that he has no adequate remedy at law and argues that a restraining order and temporary injunction are necessary to preserve the status quo while this case proceeds.

III. ANALYSIS

A. Preliminary Injunction Standards

The Eighth Circuit Court of Appeals has stated:

When evaluating whether to issue a preliminary injunction, a district court should consider four factors: (1) the threat of irreparable harm to the mov-ant; (2) the state of the balance between this harm and the injury that granting the injunction will inflict on other parties; (3) the probability that the movant will succeed on the merits; and (4) the public interest.

Roudachevski v. All-American Care Centers, Inc., 648 F.3d 701, 705 (8th Cir.2011) (citing Dataphase Sys., Inc. v. C L Sys., Inc., 640 F.2d 109, 114 (8th Cir.1981) (en banc)). In this circuit, these are often referred to as the “Dataphase” factors. In applying these factors, the court must keep in mind that a preliminary injunction is “an extraordinary remedy never awarded as of right.” Winter v. Natural Resources Defense Council, Inc., 555 U.S. 7, 24, 129 S.Ct. 365, 172 L.Ed.2d 249 (2008). And, of course, the party seeking injunc-tive relief bears the burden of proving that it is appropriate. Roudachevski, 648 F.3d at 705.

In this case, a threshold question exists as to whether it is even appropriate to consider the Dataphase factors. This is because the retaliation claim Zhou raises in his motion — and the preliminary injunc-tive relief he now seeks — differ from the claims described and the relief requested in his complaint. As noted above, Zhou’s complaint raises various age discrimination and wage-and-hour claims. He demands money damages and an order directing IBM to hire him as a direct employee. Doc. No. 1 at 35. Now, however, Zhou seeks relief based on recent, allegedly-retaliatory action and seeks the restoration of ■ his position as an Arteeh employee working on IBM accounts. Doc. No. 41 at 1.

Zhou has not amended his complaint, nor has he sought leave to do so. Thus, no claim based on any adverse retaliatory action is currently awaiting trial. Even if I accept Zhou’s current allegations as true, I must first consider whether it is appropriate for a plaintiff to seek a preliminary injunction that is not based on conduct alleged or claims asserted in the complaint.

B.

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Bluebook (online)
167 F. Supp. 3d 1008, 2016 WL 930544, 2016 U.S. Dist. LEXIS 31339, Counsel Stack Legal Research, https://law.counselstack.com/opinion/zhou-v-international-business-machines-corp-iand-2016.