Shanks et al v. The Children's Place Retail Stores, Inc

Filing 22

MOTION by Defendant The Children's Place Retail Stores, Inc for judgment /Defendant's Motion for Judgment on the Pleadings Regarding Count II of Plaintiffs' Complaint (Hartstein, Barry)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
IRENA SHANKS, CHRISTINA R.
COLLIER and MARTINA L. JONES
individually and on behalf of a class of
persons similarly situated,
Plaintiffs,

No. 11-CV-7156
Judge: William T. Hart
Magistrate Judge: Jeffrey T. Gilbert

v.
THE CHILDREN'S PLACE RETAIL
STORES, INC.,
Defendant.
DEFENDANT’S MOTION FOR JUDGMENT ON THE PLEADINGS REGARDING
COUNT II OF PLAINTIFFS’ COMPLAINT
Defendant, THE CHILDREN’S PLACE RETAIL STORES, INC., (“Children’s Place” or
“Company”), pursuant to Rule 15(c) of the Federal Rules of Civil Procedure, moves this Court to
enter judgment on the pleadings in favor of Children’s Place and dismiss, with prejudice,
regarding Count II of Plaintiffs’ Complaint involving Plaintiffs’ cause of action based on the
Illinois Wage Payment and Collection Act (“IWPCA”), 820 ILCS §115/1 et seq. In support of its
Motion, the Children’s Place states as follows:
1.

Plaintiffs’ cause of action in Count II, based on the IWPCA, is fatally defective because

Plaintiffs are improperly attempting to expand a lawsuit based on the Fair Labor Standards Act
(“FLSA”), 29 U.S. C. §201 et seq, and Illinois Minimum Wage Law (“IMWL”), 820 ILCS
§105/1 et seq, to recover alleged minimum wages and/or overtime pay into a contract claim
under the IWPCA.
2.

Other courts have rejected IWPCA claims in virtually identical circumstances. See e.g.

Smith v. C.H. James, 2012 U.S. Dist. LEXIS 9960, at * 6 (N.D. Ill. Jan. 26, 2012) (attached as

Exhibit A to Memorandum in Support of this Motion)
3.

As the Court is aware, Rule 12(c) permits a party to move for judgment after the

complaint and answer have been filed by the parties. See Fed. R. Civ. P. 12(c); See also,
Buchanan-Moore v. County of Milwaukee, 570 F.3d 824, 827 (7th Cir. 2009). In reviewing a
12(c) motion, courts apply the same standard employed for a 12(b)(6) motion to dismiss.
Pisciotta v. Old Nat. Bancorp, 499 F. 3d 629, 633 (7th Cir. 2007).
4.

Plaintiffs’ allegations merely include a general statement about a so-called “promise” to

pay Plaintiffs “at an hourly rate agreed upon” and overtime “at 1.5 their agreed-upon hourly
rate,” and also seek relief on behalf of “all others similarly situated.” (Compl. ¶¶ 62, 57; see
generally ¶¶56-65). Such conclusory allegations that there was a purported agreement based on
a so-called “promise” are not sufficient to establish that Plaintiffs and Defendant had the
necessary mutual assent and formed an agreement concerning Plaintiffs’ pay as it relates to their
IWPCA claim.
5.

In fact, to conclude that the Plaintiffs had some sort of informal agreement with the

Defendant merely by working for the Company would render moot the rule that the IWPCA does
not provide an independent substantive right to pay absent some agreement.
6.

As explained in more detail in Defendant’s Memorandum of Law in Support of Motion

for Judgment on the Pleadings, Defendant respectfully requests this Court to grant their motion
for judgment on the pleadings regarding Plaintiffs’ claim under the Illinois Wage Payment and
Collection Act because it is abundantly clear that Plaintiff’s claim are based on the FLSA and
Illinois Minimum Wage Law, not based on any contract with Defendant regarding their pay.
WHEREFORE, the Company respectfully requests that the Court grant its motion and issue
judgment on the pleadings with respect to Count II in favor of Defendant.

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Respectfully submitted,
THE CHILDREN’S PLACE RETAIL
STORES, INC.

By: /s/ Barry A. Hartstein
One of Its Attorneys
Barry A. Hartstein, IL Bar No. 1147048
[e-mail]
Christine A. Andronache, IL Bar No. 6292289
[e-mail]
LITTLER MENDELSON, P.C.
321 North Clark Street
Suite 1000
Chicago, Illinois 60654
Telephone:
312.372.5520
Facsimile:
312.372.7880
Dated: March 27, 2012

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CERTIFICATE OF SERVICE
The undersigned, an attorney, certifies that on March 27, 2012 he caused a true and
correct copy of the foregoing Defendant’s Motion for Judgment on the Pleadings Regarding
Count II of Plaintiffs’ Complaint to be electronically filed with the Clerk of the Court via using
the CM/ECF system, which will send such notification to the counsel listed below:
James X. Bormes
Law Office of James X. Bormes, P.C.
8 South Michigan Avenue
Suite 2600
Chicago, IL 60603
[e-mail]
Thomas M. Ryan
Law Office of Thomas M. Ryan, P.C.
35 East Wacker Drive
Suite 650
Chicago, IL 60601
[e-mail]
Jeffrey Grant Brown
Jeffrey Grant Brown, P.C.
221 North LaSalle Street, Suite 1414
Chicago, IL 60601
[e-mail]
Catherine P. Sons
Converse Law Offices, LLC
8 South Michigan Avenue
Suite 2600
Chicago, IL 60603
[e-mail]
/s/ Barry A. Hartstein
Barry A. Hartstein
Firmwide:109536020.4 047588.1030