NEELY v. FACILITY CONCEPTS, INC.

NEELY v. FACILITY CONCEPTS, INC.

Plaintiff:	ELVIS NEELY
Defendant:	FACILITY CONCEPTS, INC.
Case Number:	1:2016cv03110
Filed:	November 14, 2016
Court:	US District Court for the Southern District of Indiana
Office:	Indianapolis Office
Presiding Judge:	Mark J. Dinsmore
Presiding Judge:	Jane Magnus-Stinson
Nature of Suit:	Labor: Fair Standards
Cause of Action:	29 U.S.C. § 201 Fair Labor Standards Act
Jury Demanded By:	Plaintiff

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Date Filed	Document Text
June 1, 2017	Filing 41 ORDER - Elvis Neely was an employee at Facility Concepts, Inc. ("Facility Concepts") from July 2013 until he was involuntarily terminated in August 2016. [Filing No. 1 -2 at 3.] Mr. Neely claims that Facility Concepts had an unfair and unlawful systematic policy of rounding its employees' pay in a manner detrimental to its employees. [Filing No. 1 -2 at 3-4.] Mr. Neely initiated this litigation on behalf of himself and others similarly situated, alleging that Facility Conc epts violated the Fair Labor Standards Act ("FLSA"), the Indiana Wage Payment Statute ("IWPS"), and the Indiana Wage Claims Act ("IWCA"), and asserting a claim under the common law theory of quantum meruit. [Filing No . 1 -2 at 7-11.] On April 4, 2017, the Court granted in part and denied in part Facility Concepts' Motion to Dismiss, finding that Mr. Neely failed to state individual and class claims under the IWPS and the common law theory of quantum meru it. The Court found that he can proceed with individual and class claims under the IWCA. [Filing No. 31 at 12-13.] Mr. Neely's FLSA claim also remains as it was not challenged in the motion to dismiss. [Filing No. 31 at 12-13.] Presently pending before the Court is Mr. Neely's Motion to Amend Order [No. 31] to Include Certification for Interlocutory Appeal & to Stay Proceedings Pending Resolution. [Filing No. 36 .] For the reasons detailed below, the Court GRANTS in part Mr. Neely's motion, to the extent that it amends its April 4, 2017 Order, and DENIES it in part, to the extent that it will not certify Mr. Neely's interlocutory appeal. For the reasons detailed in this Order, the Court GRANTS in part and DENIES in part Mr. Neely's Motion to Amend Order [No. 31 ] to Include Certification for Interlocutory Appeal & to Stay Proceedings Pending Resolution. [Filing No. 36 .] (See Order). Signed by Judge Jane Magnus-Stinson on 6/1/2017. (APD)
April 4, 2017	Filing 31 ORDER - The Court GRANTS in part and DENIES in part Facility Concepts' Partial Motion to Dismiss Plaintiff's Complaint or for Partial Judgment on the Pleadings. 10 The Court finds that Mr. Neely has failed to state individual and class cl aims under the IWPS and the common law theory of quantum meruit. The Court also finds, however, that Mr. Neely can proceed with individual and class claims under the IWCA. Mr. Neely's FLSA claim, which was not address by Facility Concepts' motion, also remains. SEE ORDER. Signed by Judge Jane Magnus-Stinson on 4/4/2017. (JRB)

Date Filed

Document Text

June 1, 2017

Filing 41 ORDER - Elvis Neely was an employee at Facility Concepts, Inc. ("Facility Concepts") from July 2013 until he was involuntarily terminated in August 2016. [Filing No. 1 -2 at 3.] Mr. Neely claims that Facility Concepts had an unfair and unlawful systematic policy of rounding its employees' pay in a manner detrimental to its employees. [Filing No. 1 -2 at 3-4.] Mr. Neely initiated this litigation on behalf of himself and others similarly situated, alleging that Facility Conc epts violated the Fair Labor Standards Act ("FLSA"), the Indiana Wage Payment Statute ("IWPS"), and the Indiana Wage Claims Act ("IWCA"), and asserting a claim under the common law theory of quantum meruit. [Filing No . 1 -2 at 7-11.] On April 4, 2017, the Court granted in part and denied in part Facility Concepts' Motion to Dismiss, finding that Mr. Neely failed to state individual and class claims under the IWPS and the common law theory of quantum meru it. The Court found that he can proceed with individual and class claims under the IWCA. [Filing No. 31 at 12-13.] Mr. Neely's FLSA claim also remains as it was not challenged in the motion to dismiss. [Filing No. 31 at 12-13.] Presently pending before the Court is Mr. Neely's Motion to Amend Order [No. 31] to Include Certification for Interlocutory Appeal & to Stay Proceedings Pending Resolution. [Filing No. 36 .] For the reasons detailed below, the Court GRANTS in part Mr. Neely's motion, to the extent that it amends its April 4, 2017 Order, and DENIES it in part, to the extent that it will not certify Mr. Neely's interlocutory appeal. For the reasons detailed in this Order, the Court GRANTS in part and DENIES in part Mr. Neely's Motion to Amend Order [No. 31 ] to Include Certification for Interlocutory Appeal & to Stay Proceedings Pending Resolution. [Filing No. 36 .] (See Order). Signed by Judge Jane Magnus-Stinson on 6/1/2017. (APD)

April 4, 2017

Filing 31 ORDER - The Court GRANTS in part and DENIES in part Facility Concepts' Partial Motion to Dismiss Plaintiff's Complaint or for Partial Judgment on the Pleadings. 10 The Court finds that Mr. Neely has failed to state individual and class cl aims under the IWPS and the common law theory of quantum meruit. The Court also finds, however, that Mr. Neely can proceed with individual and class claims under the IWCA. Mr. Neely's FLSA claim, which was not address by Facility Concepts' motion, also remains. SEE ORDER. Signed by Judge Jane Magnus-Stinson on 4/4/2017. (JRB)

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Defendant: FACILITY CONCEPTS, INC.
Represented By:	Sarah Elizabeth Caldwell Breslin
Represented By:	Rozlyn M. Fulgoni-Britton
Represented By:	Edward E. Hollis
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Plaintiff: ELVIS NEELY
Represented By:	Colin E. Flora
Represented By:	Eric S. Pavlack
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