WEINMANN v. CONTRACT LAND STAFF, LLC
| GAYL WEINMANN |
| CONTRACT LAND STAFF, LLC |
| 2:2022cv01140 |
| August 4, 2022 |
| US District Court for the Western District of Pennsylvania |
| David S Cercone |
| Christy Criswell Wiegand |
| Labor: Fair Standards |
| 29 U.S.C. § 201 Denial of Overtime Compensation |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 9, 2023. A more recent docket listing may be available from PACER.
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| Filing 48 NOTICE of Appearance by Richard J. Burch on behalf of GAYL WEINMANN. (Burch, Richard) |
| Filing 47 NOTICE of Consent Filing as to Blair Ebersold by GAYL WEINMANN. (Attachments: #1 Exhibit) (Josephson, Michael) |
| Filing 46 RESPONSE IN OPPOSITION to #40 Motion for Protective Order, #41 Brief in Support of Motion, filed by CONTRACT LAND STAFF, LLC. (Simons, Adam) |
Filing 45
SCHEDULING ORDER: At the request of counsel, a Status Conference is SCHEDULED for 3/10/2023 at 9:00 AM via Teleconference before Judge Christy Criswell Wiegand. Signed by Judge Christy Criswell Wiegand on 3/9/2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmm)
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Filing 44
ORDER re #40 Emergency Motion for Protective Order and Corrective Notice filed by Plaintiff GAYL WEINMANN. IT IS HEREBY ORDERED THAT Defendant CONTRACT LAND STAFF, LLC ("CLS") shall file a response on or before 3/9/2023. Signed by Judge Christy Criswell Wiegand on 3/7/2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmm)
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| Filing 43 NOTICE of Appearance by William F. Goodrich on behalf of GAYL WEINMANN. (Goodrich, William) |
| Filing 42 NOTICE of Appearance by Joshua P. Geist on behalf of GAYL WEINMANN. (Geist, Joshua) |
| Filing 41 BRIEF in Support re #40 Motion for Protective Order and Corrective Notice filed by GAYL WEINMANN. (Attachments: #1 Exhibit 1 - Text Message with CLS, #2 Exhibit 2 - Sexton Decl., #3 Exhibit 3 - Corrective Notice) (Schreiber, Richard) |
| Filing 40 Emergency MOTION for Protective Order and Corrective Notice by GAYL WEINMANN. (Attachments: #1 Proposed Order) (Schreiber, Richard) |
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Filing 39
ORDER GRANTING #27 Partial Motion to Dismiss filed by Defendant CONTRACT LAND STAFF, LLC. In her Amended Complaint, Plaintiff GAYL WEINMANN has brought claims under the Fair Labor Standards Act ("FLSA"), Pennsylvania Minimum Wage Act ("PMWA"), Illinois Minimum Wage Law ("IMWL"), and Illinois Wage Payment & Collection Law ("IWPCA"). Defendant CONTRACT LAND STAFF, LLC ("CLS") has filed a motion to dismiss the IWPCA claim. CLS argues that "the IWPCA is not the proper statutory vehicle for [Ms. WEINMANN] to pursue claims predicated on alleged violations of statutory obligations to pay overtime" but, rather, can only support claims that allege a breach of "a contractual obligation to pay her certain wages." ECF No. 28 at 2. By contrast, Ms. WEINMANN argues that Illinois courts incorporate statutory obligations, such as FLSA or IMWL overtime requirements, into contracts because it is reasonable to assume that a contract would not violate the law. ECF No. 30 at 3, 5. As a threshold matter, both parties have applied Illinois law in their analysis of the IWPCA claim, so the Court will do the same. See Commonwealth Cap. Corp. v. Getronics, Inc., 147 Fed. App'x 253, 25455 (3d Cir. 2005) (applying the law that the parties "explicitly or implicitly" have chosen); see also Restatement of the Law (Second) Conflict of Laws 187(2)(b). In Illinois, the IWPCA "allows for a cause of action based on wrongfully held compensation pursuant to a contract or agreement" but "does not establish a substantive right to overtime pay or any other kind of wage." Enger v. Chi. Carriage Cab Co., 77 F. Supp. 3d 712, 715-16 (N.D. Ill. 2014). Instead, the IWPCA "only enforces the terms of an existing contract or agreement." Wharton v. Comcast Corp., 912 F. Supp. 2d 655, 658 (N.D. Ill. 2012). Here, the contract for Right of Way agents did not include overtime wages. See ECF Nos. 21-3, 21-4, 21-5. If it had, then the IWPCA would allow Ms. WEINMANN to bring this claim. However, rather than seeking to enforce the terms of the contract, Ms. WEINMANN seeks overtime pursuant to the FLSA and IMWL. As discussed above, this is not permitted as the IWPCA does not allow Ms. WEINMANN to allege "a statutory right to certain wages" as opposed to wages outlined in a contract or agreement, see Dominguez v. Micro Ctr. Sales Corp., No. 11 C 8202, 2012 WL 1719793, at *1 (N.D. Ill. May 15, 2012). Accordingly, IT IS HEREBY ORDERED THAT Ms. WEINMANN's IWPCA claim is DISMISSED WITH PREJUDICE. It is FURTHER ORDERED that CLS' Answer to the Amended Complaint is due by 3/15/2023. Signed by Judge Christy Criswell Wiegand on 3/1/2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmm)
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| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #38 NOTICE of Consent Filing. ERROR: Notice and Exhibits should have been filed as two separate documents. CORRECTION: Attorney advised in future that documents of that nature are to be filed as separate documents. This message is for informational purposes only. (dmh) |
| Filing 38 NOTICE of Consent Filing as to Douglas Sexton by GAYL WEINMANN. (Josephson, Michael) |
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Filing 37
ORDER GRANTING #36 Motion for attorney Richard M. Schreiber to Appear Pro Hac Vice by GAYL WEINMANN. Signed by Judge Christy Criswell Wiegand on 1/27/2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmm)
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| Filing 36 Renewed MOTION for attorney Richard M. Schreiber to Appear Pro Hac Vice by GAYL WEINMANN. (Attachments: #1 Affidavit, #2 Exhibit A - Cert of Good Standing, #3 Proposed Service Order) (Schreiber, Richard) |
| Filing 35 NOTICE re #34 Errata. The #32 Motion to Appear Pro Hac Vice has already been denied. See ECF No. 33. If Attorney Richard M. Schreiber seeks pro hac vice admission, he must file a renewed motion indicating same. (jmm) |
| Filing 34 Errata re #32 Motion to Appear Pro Hac Vice, by GAYL WEINMANN. Reason for Correction: State Bar Number. (Schreiber, Richard) |
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Filing 33
ORDER DENYING #32 Motion to Appear Pro Hac Vice by Attorney Richard M. Schreiber. As part of a motion to appear pro hac vice, LCvR 83.2 provides that "[t]he affidavit must include the... bar identification number." Attorney Richard M. Schreiber did not include his bar identification number in his signed affidavit. IT IS HEREBY ORDERED THAT the #32 Motion to Appear Pro Hac Vice is DENIED without prejudice. Signed by Judge Christy Criswell Wiegand on 1/26/2023. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (drc)
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| Filing 32 MOTION for attorney Richard M. Schreiber to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-7506294) by GAYL WEINMANN. (Attachments: #1 Affidavit, #2 Exhibit A - Cert of Good Standing, #3 Proposed Service Order) (Schreiber, Richard) See #34 Errata; Modified text on 1/26/2023. (cel) |
| Filing 31 REPLY re #27 Motion to Dismiss for Failure to State a Claim filed by CONTRACT LAND STAFF, LLC. (Madriz, Meghaan) Modified text on 1/27/2023. (ept) |
| Filing 30 RESPONSE IN OPPOSITION to #27 Motion to Dismiss for Failure to State a Claim, filed by GAYL WEINMANN. (Josephson, Michael) |
| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #27 Motion to Dismiss. ERROR: Wrong event selected. CORRECTION: Re-docketed as Motion to Dismiss for Failure to State a Claim. This message is for informational purposes only. (dmh) |
| Filing 29 ANSWER to #26 Amended Complaint by CONTRACT LAND STAFF, LLC. (Madriz, Meghaan) |
| Filing 28 BRIEF in Support re #27 Motion to Dismiss filed by CONTRACT LAND STAFF, LLC. (Madriz, Meghaan) |
| Filing 27 Partial MOTION to Dismiss for Failure to State a Claim re #26 Amended Complaint by CONTRACT LAND STAFF, LLC. (Attachments: #1 Proposed Order) (Madriz, Meghaan). Modified on 12/28/2022 to correct event and add document linkage (dmh). |
| Update Answer Deadline: Answer due from CONTRACT LAND STAFF, LLC on 12/27/2022 (dmh) |
| Filing 26 First AMENDED COMPLAINT against CONTRACT LAND STAFF, LLC, filed by GAYL WEINMANN. (Josephson, Michael) |
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Filing 25
ORDER re #20 Motion to Certify Class by Plaintiff GAYL WEINMANN, #22 Joint Motion to Set Briefing Schedule, and #23 Motion to Stay by Defendant CONTRACT LAND STAFF, LLC. Ms. WEINMANN moved to conditionally certify an FLSA collective action, see ECF No. 20, and the parties set forth a joint proposed briefing schedule for that Motion, see ECF No. 22. In addition, Contract Land Staff, LLC ("CLS") filed a Motion to Stay the Court's decision regarding the certification of the FLSA collective until the Court has resolved its earlier #7 Motion to Dismiss. Having denied CLS's #7 Motion to Dismiss, IT IS HEREBY ORDERED THAT the #23 Motion to Stay is DENIED AS MOOT. Turning to the other motions, the Court finds that it is premature to decide the issue of conditional certification. Accordingly, it is FURTHER ORDERED THAT the #20 Motion to Certify Class and #22 Joint Motion to Set Briefing Schedule are DENIED WITHOUT PREJUDICE as premature. Ms. WEINMANN is directed not to file any renewed motion until an answer has been filed and the Court has held an Initial Case Management Conference for this case. Signed by Judge Christy Criswell Wiegand on 12/1/2022. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmm)
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Filing 24
ORDER re #7 Motion to Dismiss Collective and Class Action Claims, or alternatively, Motion to Strike by Defendant CONTRACT LAND STAFF, LLC. Contract Land Staff ("CLS") filed a Motion to Dismiss Plaintiff GAYL WEINMANN's collective action claims under the Fair Labor Standards Act ("FLSA") and her state law Fed. R. Civ. P. 23 class action claims pursuant to the Pennsylvania Minimum Wage Act ("PMWA") and the Illinois Minimum Wage Law ("IMWL"). CLS also moved, in the alternative, to strike Ms. WEINMANN's proposed class definition for putative class action claims under the IMWL as overbroad. In its Motion to Dismiss, CLS argues that Ms. WEINMANN, a right-of-way agent for CLS, is precluded from certifying an FLSA collective action or a Rule 23 class action because of a prior federal district court decision in Texas. ECF No. 8 at 2 (citing Clark v. Contract Land Staff, LLC, 4:20-cv-02620, ECF No. 32 (S.D. Tex. Aug. 2, 2021)). The federal district court in Texas denied a motion to certify an FLSA collective action for CLS right-of-way agents and, while there appeared to be Rule 23 class action claims under various state laws in that case, the court did not engage in a Rule 23 class analysis. See Clark, 4:20-cv-02620, ECF No. 32 at 2-5. Here, the Court finds that issue preclusion is not appropriate with respect to either Ms. WEINMANN's FLSA collective action claims or her state law Rule 23 class action claims, for several reasons.First, courts generally cannot apply issue preclusion to nonparties. See In re Lipitor Antitrust Litig., 868 F.3d 231, 268 (3d Cir. 2017); see also Charles Alan Wright & Arthur R. Miller, Federal Practices and Procedure vol. 18A 4449 (3rd ed., West 2022). The Supreme Court extended this rule to putative class members, who were unnamed in the prior litigation. Smith v. Bayer Corp., 564 U.S. 299, 307 (2011). Although Smith dealt with a subsequent motion to certify a Rule 23 class action, federal courts have applied its holding to FLSA cases involving collective actions. See, e.g., Rocha v. Gateway Funding Diversified Mortg. Servs. L.P., No. 15-482, 2016 WL 3077936, at *11 (E.D. Pa. June 1, 2016); Woodards v. Chipotle Mexican Grill, Inc., No. 14-cv-4181 (SRN/SER), 2015 WL 3447438, at *12 (D. Minn. May 28, 2015). In this case, Ms. WEINMANN was not a party in the prior federal case, and this Court cannot bind her "on the theory that the first would-be representative adequately represented all members of the putative class on the certification issue." 18A Wright & Miller 4455.1.Second, issue preclusion is inappropriate when the two courts apply different legal standards. See id. at 308 ("Because the legal standards in the two courts differed, the issues before the courts differed...."). In this case, the other federal court applied the Fifth Circuit's stricter standard in determining whether the FLSA collective action should be certified. See Clark, 4:20-cv-02620, ECF No. 32 at 4-5 (applying Swales v. KLLM Transp. Servs. LLC, 985 F.3d 430 (5th Cir. 2021)). By contrast, the standard in the Third Circuit is more lenient. Compare Swales, 985 F.3d at 434 (requiring courts to "rigorously scrutinize" at the outset) with Halle v. W. Penn Allegheny Health Sys. Inc., 842 F.3d 215, 224 (3d Cir. 2016) (requiring only a "modest factual showing" at the outset). Finally, issue preclusion is not appropriate for the state law Rule 23 class action claims because those claims do not appear to have been actually litigated in the other federal case.For these reasons, IT IS HEREBY ORDERED that CLS's Motion to Dismiss is DENIED. Turning to CLS's Motion to Strike, CLS argues that the IMWL only has a three-year statute of limitations, so the proposed definition for the putative class that extends ten years back is overbroad. Ms. WEINMANN responds that the Illinois Wage Payment Collection Acta statute that she is not suing underhas a ten-year statute of limitations. The Court agrees that the proposed definition for the putative class is overbroad pursuant to the IMWL. See 820 Ill. Comp. Stat. Ann. 105/12. Therefore, it is FURTHER ORDERED THAT CLS's Motion to Strike is GRANTED, and the proposed class definition under the IMWL is limited to a three-year period. However, because Ms. WEINMANN requests leave to amend her claim to cure any deficiency, IT IS FURTHER ORDERED THAT she may file an amended complaint to attempt to cure the class definition deficiency ONLY, by 12/13/2022. Signed by Judge Christy Criswell Wiegand on 11/29/2022. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmm)
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| Filing 23 MOTION to Stay by CONTRACT LAND STAFF, LLC. (Attachments: #1 Proposed Order) (Simons, Adam) |
| Filing 22 Joint MOTION To Set Briefing Schedule by CONTRACT LAND STAFF, LLC. (Attachments: #1 Proposed Order) (Simons, Adam) |
| Filing 21 BRIEF in Support re #20 Motion to Certify Class and Court Authorized Notice filed by GAYL WEINMANN. (Attachments: #1 Exhibit 1 - Notice forms, #2 Exhibit 2 - Notice Methods, #3 Exhibit 3 - Crager DR, #4 Exhibit 4 - Hollenkamp DR, #5 Exhibit 5 - Scheer DR, #6 Exhibit 6 - Weinmann Decl, #7 Exhibit Crager Decl, #8 Exhibit Minogue Decl) (Schreiber, Richard) |
| Filing 20 MOTION to Certify Class Conditional Certification by GAYL WEINMANN.Responses due by 12/6/2022 (Attachments: #1 Proposed Order) (Schreiber, Richard) |
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Filing 19
ORDER GRANTING #18 Motion to Withdraw as Attorney. Attorney Taylor Shelton Montgomery is terminated as to this matter. Signed by Judge Christy Criswell Wiegand on 11/9/2022. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmm)
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| Filing 18 MOTION to Withdraw as Attorney Taylor S. Montgomery by GAYL WEINMANN. (Attachments: #1 Proposed Order) (Josephson, Michael) |
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Filing 17
ORDER GRANTING #16 Motion for Meghaan C. Madriz to Appear Pro Hac Vice. Signed by Judge Christy Criswell Wiegand on 10/31/2022. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (jmm)
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| Filing 16 MOTION for attorney Meghaan C. Madriz to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-7366145) by CONTRACT LAND STAFF, LLC. (Attachments: #1 Affidavit, #2 Proposed Order) (Madriz, Meghaan) |
| Filing 15 NOTICE of Appearance by Taylor Shelton Montgomery on behalf of GAYL WEINMANN. (Montgomery, Taylor) |
| Filing 14 REPLY re #7 Motion to Dismiss for Failure to State a Claim, Motion to Strike, filed by CONTRACT LAND STAFF, LLC. (Simons, Adam) Modified on 10/14/2022 (cel). Modified on 10/20/2022 (ept). |
| Filing 13 RESPONSE IN OPPOSITION to #8 Brief in Support of Motion, filed by GAYL WEINMANN. (Josephson, Michael) |
| Filing 12 Disclosure Statement identifying none as corporate parent or other affiliate, by CONTRACT LAND STAFF, LLC. (Simons, Adam) |
| Filing 11 AT&T SCHEDULING NOTICE FOR ALL TELEPHONIC CONFERENCES. Every Telephonic Conference conducted will be via an AT&T call-in number which requires participants to dial-in and provide an access code. When a Telephonic Conference is scheduled you will be instructed to refer back to this Notice. This document has a security setting of "Case Participants Only," so only those individuals will have access to view the document. (jmm) |
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Filing 10
ORDER REASSIGNING CASE. The Clerk of Court is directed to reassign this case to another member of the court for all further proceedings. Judge David S. Cercone no longer assigned to case. Signed by Judge David S. Cercone on 9/14/22. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (mwm)
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| Judge Christy Criswell Wiegand added presider. (jv) |
| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #7 Motion to Dismiss for Failure to State a Claim, Motion to Strike. ERROR: Incorrect relief selected. CORRECTION: Changed relief from Motion to Dismiss to Motion to Dismiss for Failure to State a Claim. This message is for informational purposes only. CLERK'S OFFICE QUALITY CONTROL MESSAGE re #7 Motion to Dismiss for Failure to State a Claim, Motion to Strike. ERROR: MULTIPLE Relief Motion Filed as One Relief. CORRECTION: Attorney advised in future that Motions of this nature are to be filed using the Motion Event and clicking on all the reliefs sought in said motion. Clerk of Court added/docketed Motion to Strike. This message is for informational purposes only. (jma) |
| Filing 9 NOTICE Request to Take Judicial Notice by CONTRACT LAND STAFF, LLC (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L) (Simons, Adam) |
| Filing 8 BRIEF in Support re #7 Motion to Dismiss for Failure to State a Claim and, in the alternative, Motion to Strike filed by CONTRACT LAND STAFF, LLC. (Simons, Adam) Modified on 9/13/2022 (jma). |
| Filing 7 MOTION to Dismiss for Failure to State a Claim re #1 Complaint and, in the alternative, Motion to Strike by CONTRACT LAND STAFF, LLC. (Attachments: #1 Proposed Order to Motion to Dismiss, #2 Proposed Order to Motion to Strike) (Simons, Adam) Modified on 9/13/2022 to add document linkage and correct relief selected (jma). Added MOTION to Strike on 9/13/2022 (jma). |
| Filing 6 SUMMONS/Return of Service Returned Executed by GAYL WEINMANN. CONTRACT LAND STAFF, LLC served on 8/22/2022, answer due 9/12/2022. (Dunlap, Andrew) |
| Filing 5 NOTICE of Consent Filing by GAYL WEINMANN. (Attachments: #1 Exhibit) (Josephson, Michael) |
| Filing 4 NOTICE that instant civil action has been designated for placement into the United States District Court's Alternative Dispute Resolution program. Parties are directed to fully complete the required 26(f) report, which includes the stipulation of selecting an ADR process. Counsel for plaintiff (or in the case of a removal action, counsel for removing defendant) shall make service of the notice on all parties. (kak) |
| Filing 3 NOTICE of Appearance by Andrew W. Dunlap on behalf of GAYL WEINMANN. (Dunlap, Andrew) |
| Filing 2 Summons Issued as to CONTRACT LAND STAFF, LLC (dmh) |
| Filing 1 COMPLAINT against CONTRACT LAND STAFF, LLC (Filing fee, including Administrative fee, $402, receipt number APAWDC-7230529), filed by GAYL WEINMANN. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet) (dmh) |
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