Dewitt v. Securitas Security Services USA Inc et al

Filing 27

ORDER denying 2 Motion to Certify Class without prejudice as to an Arkansas-related collective action and otherwise denied with prejudice; finding as moot 24 Motion for Leave to File; granting 25 Motion for Leave to File; granting 26 Motion to Extend Time for filing Rule 26(f) report until June 8, 2012. Signed by Judge D. P. Marshall Jr. on 5/23/12. (kpr)

Download PDF
IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS WESTERN DIVISION CONNIE DEWITT, individually and on behalf of others similarly situated v. PLAINTIFF No.4:11-cv-873-DPM SECURITAS SECURITY SERVICES USA INC.; and SECURITAS SERVICES INC. DEFENDANTS ORDER 1. The Securitas defendants' amended motion for leave to file a sur­ reply, Document No. 25, is granted; their original motion about a sur-reply, Document No. 24, is denied as moot; and their request for oral argument is denied. The Court has considered Document No. 25-1 in making its decision. The Securitas defendants should file and serve it now to clarify the record. The parties' joint motion to extend their time to file their Rule 26(f) report, Document No. 26, is also granted. Report due by 8 June 2012. 2. Dewitt's motion for conditional certification of a nation-wide collective action, Document No.2, is denied for three main reasons. First, the supporting evidence- Dewitt's affidavit and attached pay stubs of others, who would not be members of Dewitt's proposed class* - is just too thin and conclusory. Dewitt, for example, cannot testify about others' pay stubs; and she omitted her own, so the Court cannot tell if she would even be in the class she wants to create and represent. Dewitt has not yet made the modest factual showing required. Wheeler v. Baxter Healthcare Corp., No. 4:11-cv-263­ JLH, 2011 WL 5402446, at *2-*3 (E.D. Ark. 8 Nov. 2011); Douglas v. First Student, Inc.,4:09-cv-652-SWW,2010 WL 129666, at*3 (E.D. Ark. 11 Jan. 2010). Second, the varied law across the several States regulating licensing and registration of security companies and security guards would make a nation­ wide class a morass. Sub-classes are not the answer because there would be so many of them. The thin record comes in here too: no sufficient factual material was provided about folks in other States. The need to apply various States' laws to varying payroll facts eliminates the judicial economies of a collective action. Third, and relatedly, Dewitt has not demonstrated that she is similarly situated to employees in other States. Salter v. Onyx Corp., No. *The pay stubs are from Securitas employees who are plaintiffs in a related case, Delock v. Securitas Security Services USA Inc., No. 4:11-cv-520­ DPM. All of the Delock plaintiffs are subject to an arbitration agreement-a group the proposed class in this case seeks to exclude. -2­ 4:10-cv-906-JLH, 2011 WL 744979, at *2 (E.D. Ark. 24 Feb. 2011); Madden v. Lumber One Home Center of Stuggart Inc., No. 4:10-cv-1162-JLH, 2010 WL 4974971, at *5 (E.D. Ark. 2 Dec. 2010). The interaction between the varying State law and the FLSA and its implementing regulations creates dissimilarity, not similarity, in employees' circumstances. 3. The denial is without prejudice to a new motion limited to the Arkansas facilities. The motion, however, must be supported by adequate and admissible evidence. * * * Motion to certify nation-wide class, Document No.2, denied without prejudice to an Arkansas-related collective action and otherwise denied with prejudice. Amended motion to file a sur-reply, Document No. 25, granted. Original motion to file a sur-reply, Document No. 24, denied as moot. Request for oral argument denied. Joint motion to extend time for filing Rule 26(f) report, Document No. 26, granted. So Ordered. D.P. Marshall Jr. l/ United States District Judge -3­

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?