White-Wiley v. Evegreen Packaging et al

Filing 11

ORDER granting #6 Motion to remand. The motion to dismiss and plead more clearly remains for the state court. The case is remanded to the Circuit Court of Jefferson County, Arkansas. Signed by Judge D. P. Marshall Jr. on 1/11/2019. (jak)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
PINE BLUFF DIVISION
PLAINTIFF

LISA A. WHITE-WILEY
No. 5:18-cv-298-DPM

v.

EVERGREEN PACKAGING, INC.;
and VAN HENDRY

DEFENDANTS

ORDER

The Arkansas Minimum Wage Act considers anyone who acts
directly or indirectly in an employer's interest in relation to an
employee to also be an employer. ARK. CODE ANN. § ll-4-203(4)(A) .
Evergreen employed White-Wiley.

For a time, Hendry was an

Evergreen manager. Notwithstanding Elmore's declaration about the
limited scope of Hendry's authority and actions, White-Wiley's
allegations provide a reasonable basis for a non-frivolous claim that the
Act covers him, too. Filla v. Norfolk Southern Railway Co., 336 F.3d 806,
811 (8th Cir. 2003). His presence destroys complete diversity. The
motion to remand, Ng 6, is therefore granted. The motion to dismiss
and plead more clearly remains for the state court.

The case is

remanded to the Circuit Court of Jefferson County, Arkansas. 28 U.S.C.
§

1447(c).

So Ordered.
(/

D.P. Marshall Jr.
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