Magana v. Shore Construction, LLC et al

Filing 22

ORDER: IT IS HEREBY ORDERED that the Defendants' 10 Motion to Stay is DENIED. Signed by Judge Nannette Jolivette Brown on 7/6/2017. (mmv)

Case 2:17-cv-01896-NJB-KWR Document 22 Filed 07/06/17 Page 1 of 18

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
MAGANA

CIVIL ACTION

VERSUS

NO. 17-1896

SHORE CONSTRUCTION, LLC, et al.

SECTION: “G” (4)
ORDER

Before the Court is Defendants Shore Construction, LLC and Kristi Caton’s
(“Defendants”) “Motion to Stay the Case,”1 wherein Defendants seek to stay the instant proceeding
pending the outcome of a Department of Labor (“DOL”) investigation into Shore Construction,
LLC’s (“Shore”) compliance with wage and hour requirements under the Fair Labor Standards
Act (“FLSA”).2 Having considered the motion, the memoranda in support and in opposition, the
record, and the applicable law, the Court will deny the motion.
I. Background
On March 6, 2017, Plaintiff Magdaleno Bibian Magana (“Plaintiff”), on behalf of himself
and all others similarly situated, filed a complaint against Defendants to recover unpaid overtime
wages.3 Plaintiff alleges that while he was employed by Defendants as a rigger Defendants failed
to pay him one and a half times his regular hourly rate for all hours worked in excess of forty hours
in a workweek in violation of FLSA, 29 U.S.C. § 207.4 On June 2, 2017, the Court granted

1

Rec. Doc. 10.

2

Id. at 1.

3

Rec. Doc. 1 at 1.

4

Id.

1

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Defendants’ unopposed motion to dismiss Plaintiff’s claims for injunctive relief pursuant to
Federal Rule of Civil Procedure 12(b)(6), as the Court found that the plain language of FLSA and
the relevant jurisprudence indicates that a private litigant may not obtain injunctive relief under
the FLSA.5
On June 8, 2017, Defendants filed the instant motion to stay.6 Plaintiff filed an opposition
to the motion on June 27, 2017.7 With leave of Court, Defendants filed a reply on July 5, 2017.8
II. Parties’ Arguments
A.

Defendants’ Arguments in Support of the Motion to Stay
In support of the motion, Defendants assert that the DOL instituted an investigation into

Shore’s compliance with FLSA on January 22, 2016.9 Defendants further represent that the DOL
indicated at a May 12, 2017, meeting with Shore representatives that the DOL “may be ready to
discuss a settlement” with Shore.10 Defendants argue that the Court should exercise its equitable
power to control its docket by staying this matter until the DOL has finished its investigation.11
Alternatively, Defendants contend that the primary jurisdiction doctrine provides that this matter
may be stayed pending the outcome of the DOL investigation, because, Defendants argue, the
DOL has special competence in reviewing wage and hour matters and the investigation may

5

Rec. Doc. 8 at 3.

6

Rec. Doc. 10.

7

Rec. Doc. 18.

8

Rec. Doc. 20.

9

Rec. Doc. 10-1 at 1.

10

Id.

11

Id.

2

Case 2:17-cv-01896-NJB-KWR Document 22 Filed 07/06/17 Page 3 of 18

“resolve all of the issues in the instant case.”12 Defendants assert that the DOL investigator
indicated that the DOL’s proposed settlement could resolve “the allegations as to all of its current
and former employees.”13 According to Defendants, Plaintiff’s lawsuit was filed over ten months
after the DOL initiated its investigation and pertains to the same issues at the center of the DOL
investigation, i.e. compliance with wage and hours laws of FLSA.14
Defendants maintain that district courts have broad discretion to stay a matter and that
courts consider three factors when determining whether to grant a stay: “(1) prejudice the nonmoving party will suffer if a stay is granted; (2) hardship and inequity on the moving party without
a stay; and (3) judicial economy.”15 Defendants argue that all three of the factors weigh in favor
of granting a stay in this matter.16 First, Defendants argue that a stay would not prejudice Plaintiff,
as a settlement with DOL, which has the authority to resolve the issues pleaded in Plaintiff’s
lawsuit, would allow all of the potentially affected employees to recover their alleged back wages
without the expense and delay of litigation.17 Second, Defendants argue that they would suffer
undue hardship if this matter is not stayed, as Defendants will be forced to spend substantial time
and resources defending the FLSA suit.18 Defendants aver that they have been cooperating with
the DOL investigation in good faith and that they will be prejudiced if they have to participate in

12

Id.

13

Id. at 2.

14

Id.

15

Id. at 3 (citing Strong ex. Rel. Tidewater, Inc. v. Taylor, No. 11-392, 2013 U.S. Dist. LEXIS 29234, *6
(E.D. La. Mar. 5, 2013)).
16

Id.

17

Id. at 4–5.

18

Id. at 5.

3

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costly litigation when the DOL settlement could resolve all of the issues in Plaintiff’s suit.19 Third,
Defendants argue that a stay of this case will promote judicial economy, because, Defendants
contend, a stay of the action will prevent the Court from duplicating “the effort already undertaken”
by the DOL.20 Even if the DOL settlement does not fully resolve the issues of overtime wages with
respect to Plaintiff, Defendants argue, any finding by the DOL related to Shore’s compliance with
FLSA will narrow the issues in this litigation.21 Thus, Defendants argue, under the three factors
considered by courts in the Eastern District of Louisiana, a stay is warranted.22
Next, Defendants argue that in the alternative, the Court should stay the instant litigation
pursuant to the primary jurisdiction doctrine, because, Defendants aver, the DOL has specialized
knowledge related to the issue of FLSA compliance.23 Defendants contend that the claims in the
instant suit would benefit from the DOL’s technical expertise related to overtime claims.24 Thus,
even though this case is cognizable by the Court, Defendants argue, because the DOL is already
investigating this matter and has special expertise, the Court should stay this matter pursuant to
the primary jurisdiction doctrine.25

19

Id.

20

Id. at 6.

21

Id.

22

Id.

23

Id. at 6–7.

24

Id. at 8.

25

Id.

4

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B.

Plaintiff’s Arguments in Opposition to the Motion to Stay
In opposition, Plaintiff first argues that the prejudice to potential plaintiffs in this litigation

outweighs any potential prejudice to Defendants.26 Plaintiff asserts that he has brought this action
on behalf of a class and that the claims of opt-in plaintiffs are only tolled once they file a written
notice of consent with the Court.27 Thus, Plaintiff argues that staying this action will prejudice
potential opt-in plaintiffs by delaying conditional class certification and judicial notice to potential
plaintiffs, which will diminish the value of their claims.28 Moreover, Plaintiff argues that
Defendants have not provided any timeline for the completion of the DOL investigation and that
the “speculative statement” that the DOL is close to proposing a settlement is insufficient to protect
potential opt-in plaintiffs from prejudice.29 Plaintiff represents that a court in the Eastern District
of Pennsylvania has denied a stay in a similar situation, citing the risk of potential harm to potential
opt-in plaintiffs.30
Second, Plaintiff argues that litigation costs do not constitute a hardship that justify a stay.31
Plaintiff avers that Defendants’ cooperation with the DOL investigation should decrease the time
and expense required to litigate the class claims by streamlining discovery, as the majority of the
issues between the investigation and this litigation “would necessarily overlap.”32 Moreover,
Plaintiff argues that resolution of the DOL’s investigation would not preclude certification of
26

Rec. Doc. 18 at 1–2.

27

Id. at 2.

28

Id.

29

Id.

30

Id. at 3 (citing In re Chickie’s & Pete’s Wage & Hour Litig., No. 12-6820 (E.D. Pa. June 4, 2013).

31

Id. (citing Renegotiation Bd. v. Bannercraft Clothing Co., Inc., 415 U.S. 1, 24 (1974)).

32

Id. at 3–4.

5

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Plaintiff’s collective action, as any employee is free to reject the terms of a DOL settlement.33
Rather, Plaintiff avers, any settlement agreement would only preclude the claims of those
employees who accept payment from Defendants under the terms of the DOL settlement.34
Third, Plaintiff argues that a stay will not promote judicial economy, because claims will
likely remain after resolution of the DOL investigation.35 Thus, Plaintiff avers, unless Defendants
could establish that every single putative plaintiff accepted the settlement under the potential DOL
agreement, Plaintiff would still have a certifiable class.36
Finally, Plaintiff argues that the primary jurisdiction doctrine is not applicable in this
case.37 Plaintiff avers that the Fifth Circuit has instructed that a court need not refer an issue to an
agency when the issue does not involve the agency’s “particular expertise or fact finding
prowess.”38 Plaintiff argues that courts in the Eastern District of Louisiana regularly adjudicate
FLSA collective actions to recover unpaid overtime and that the instant litigation is a
straightforward FLSA action, “well within the Court’s expertise to decide without the DOL’s
aid.”39

33

Id. at 4 (citing Owens v. Marstek, LLC, 548 F. App’x 966, 972 (5th Cir. 2013)).

34

Id.

35

Id. at 5.

36

Id.

37

Id.

38

Id. (citing Occidental Chem. Corp. v. La. Pub. Serv. Comm’n, 810 F.3d 299, 302 (5th Cir. 2016)).

39

Id. at 6.

6

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C.

Defendants’ Reply in Further Support of the Motion to Stay
In reply, Defendants argue that the Pennsylvania case cited by Plaintiff, In re Chickie’s &

Pete’s Wage & Hour Litigation, is distinguishable from the instant litigation.40 In that case,
Defendants assert that the plaintiffs brought state law wage and hour claims in addition to the
federal FLSA claims but that Plaintiff does not bring state law claims in the instant litigation.41
Defendants concede that the Court has subject matter jurisdiction over the instant case but argue
that the Court should defer to the DOL’s ongoing investigation pursuant to the primary jurisdiction
doctrine.42 Regarding the Court’s equitable discretion to grant a stay, Defendants argue that
judicial economy would best be served by a stay in this litigation, given that there are no state law
claims at issue here and that the DOL is already investigating Shore’s compliance with FLSA.43
As to the length of the stay requested, Defendants admit that “it cannot be known for certain
the length of the time required for the DOL to complete its investigation.”44 According to
Defendants, the DOL auditor met with Shore representatives on May 12, 2017, and indicated that
the DOL “may be ready to discuss settlement.”45 Defendants assert that they request a stay of the
litigation pending the outcome of the DOL investigation but argue that as a “reasonable
alternative,” the Court could “easily apply a term to this stay, e.g., six months” and require periodic
status conferences to determine whether the stay should be lifted or continued.46
40

Rec. Doc. 20 at 1 (citing 2013 U.S. Dist. LEXIS 78573 (E.D. Pa. June 5, 2013)).

41

Id.

42

Id. at 3–4.

43

Id. at 4.

44

Id.

45

Id. (citing Rec. Doc. 10-1 at 1).

46

Id. at 4–5.

7

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Finally, Defendants argue that the statute of limitations for Plaintiff’s claims is already
tolled, as Plaintiff has filed the instant lawsuit.47 As to the claims of potential opt-in plaintiffs,
Defendants contend that Plaintiff’s attorneys want to obtain contact information for Shore’s
workers and that it is “curious” that other allegedly similarly affected workers have not yet joined
Plaintiff’s suit.48 Defendants assert that Plaintiff has attached a declaration to his motion for
conditional certification in which he states that his former co-workers would be interested in
joining the litigation.49 However, Defendants argue, those “unidentified persons” have not yet
joined the suit.50
III. Law and Analysis
In support of the motion to stay, Defendants argue: (1) the Court should grant a stay
pursuant to its equitable powers to manage its docket, because Defendants would incur litigation
costs if the proceeding continues and a stay will not prejudice Plaintiff and will aid in judicial
economy; and (2) in the alternative, the Court should stay the litigation pursuant to the primary
jurisdiction doctrine, because the investigation of Shore’s FLSA compliance is within the special
competence of the DOL.51 In opposition, Plaintiff argues that he and potential opt-in plaintiffs will
be harmed by a stay and that Defendants have not demonstrated that they will suffer hardship if
the case proceeds or that judicial economy interests would best be served by a stay.52 Plaintiff

47

Id. at 5.

48

Id.

49

Id.

50

Id. at 6.

51

Rec. Doc. 10-1 at 8.

52

Rec. Doc.18 at 1.

8

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further contends that the primary jurisdiction doctrine does not apply in this case, because the
Court has the necessary expertise to decide the case without the DOL’s aid.53 The Court will
address the parties’ arguments in turn.
A.

Equitable Power
1.

Legal Standard

Pursuant to United States Supreme Court and Fifth Circuit precedent, it is well settled that
a district court has inherent power to “control the disposition of the causes on its docket with
economy of time and effort for itself, for counsel, and for litigants,”54 and that this authority
includes the district court’s wide discretion to grant a stay in a pending matter.55 On a motion to
stay a proceeding, the moving party bears the burden to show that a stay is warranted.56 As the
Fifth Circuit has held, when “the interests of justice seem[] to require such action,” a court may
exercise its discretion to stay civil proceedings, postpone discovery, or impose protective orders
and conditions.57 The Supreme Court has instructed that a party requesting a stay “must make out
a clear case of hardship or inequity in being required to go forward if there is even a fair possibility
that the stay would harm another party.”58 Nonetheless, “these considerations are counsels of

53

Id. at 6.

54

Landis v. N. Am. Co., 299 U.S. 248, 254 (1936).

55

In re Ramu Corp., 903 F.2d 312, 318 (5th Cir. 1990).

56
See Ruiz v. Estelle, 666 F.2d 854, 856 (5th Cir. 1982); Drummond v. Fulton Cty. Dep’t of Family &
Children’s Servs., 532 F.2d 1001, 1002 (5th Cir. 1976).
57

United States v. Kordel, 397 U.S. 1, 12 n.27 (1970); see also, Mayo v. Tri-Bell Indus., 787 F.2d 1007, 1012
(5th Cir. 1986).
58

Ates v. Delta Air Lines, Inc., No. 15-3228, 2015 WL 5774979, at *3 (E.D. La. Sept. 30, 2015) (Brown, J.)
(citing Landis, 299 U.S. at 255).

9

Case 2:17-cv-01896-NJB-KWR Document 22 Filed 07/06/17 Page 10 of 18

moderation rather than limitations upon power.”59 This Supreme Court and Fifth Circuit precedent
has been interpreted to allow consideration of the following factors when determining whether to
grant a stay of a proceeding: (1) prejudice that the non-moving party will suffer if a stay is granted;
(2) hardship and inequity imposed on the moving party if the action proceeds; and (3) interests of
judicial economy.60 The Court will address each of these factors in turn to determine whether “the
requisite balancing of the competing interests” in this case weighs in favor of a stay.61
2.

Analysis
a.

Prejudice to the Non-Moving Party if a Stay is Granted

Defendants argue that Plaintiff will not be prejudiced by a stay pending the outcome of the
DOL investigation, as a resolution through the DOL would allow all of the potentially affected
employees to recover back wages more quickly and without the expense of litigation.62 Plaintiff
responds that Defendants have not provided any timeline for the completion of the DOL
investigation and that potential class members would be harmed by a stay because the statute of
limitations continues to run under FLSA until an opt-in plaintiff files a written consent with the
Court.63
Under FLSA, a cause of action arising out of a non-willful violation of the statute must be
commenced within two years after the cause of action accrued, while a cause of action asserting a

59

Id. (citing Landis, 299 U.S. at 255) (internal quotation marks omitted).

60

See id. (citing Cajun Offshore Charters, LLC v. BP Prods. N. Am., Inc., No. 10-1341, 2010 WL 2160292,
at *2 (E.D. La. May 25, 2010) (Feldman, J.)).
61
Wedgeworth v. Fibreboard Corp., 706 F.2d 451, 545 (5th Cir. 1983). See also Landis, 299 U.S. at 255
(internal citations omitted) (holding that in determining whether to grant a stay, a court must “weigh competing
interests and maintain an even balance”).
62

Rec. Doc. 10-1 at 4–5.

63

Rec. Doc. 18 at 2–3.

10

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willful violation must be brought within three years of accrual.64 For opt-in plaintiffs, the statute
of limitations is only tolled once that individual plaintiff files a written consent to join the suit.65
Thus, there is a strong potential for harm to potential opt-in plaintiffs in the instant litigation, as
the statute of limitations continues to run against potential plaintiffs until individual written
consent is filed with the Court. This is especially true here, considering that Defendants have
provided no timeline for the completion of the DOL investigation and settlement. Indeed, as
Defendants concede, “it cannot be known for certain the length of time required for the DOL to
complete its investigation.”66
Moreover, although Defendants argue that a DOL settlement would resolve the issues
raised in Plaintiff’s complaint, FLSA provides that an employee need not accept back wages from
an employer as calculated by the DOL.67 “Rather, an employee may choose to pursue an action
against an employer who violates the FLSA, and in pursuing such action, can maintain a claim not
only for back wages, but also for liquidated damages, attorney’s fees, and costs.”68 Thus, a stay of
the instant action would prejudice both Plaintiff and potential opt-in plaintiffs by delaying their
ability to pursue a private collective action against their employer under FLSA. Defendants
speculate, without providing a specific timeline, that Plaintiff and “any other potential collective

64

29 U.S.C. § 255(a).

65

29 U.S.C. § 256. The Court notes that the doctrine of equitable tolling applies to cases brought under FLSA
and that the Court may exercise its discretion to extend a plaintiff’s statute of limitations when it would be inequitable
to enforce the statute of limitations. See Holmberg v. Ambrecht, 327 U.S. 392, 397 (1946). However, neither party has
requested equitable tolling, and the Court notes that equitable tolling would not address the potential for prejudice to
Plaintiff and potential opt-in plaintiffs caused by delay of their private action if this litigation were stayed.
66

Rec. Doc. 20 at 4.

67

See 29 U.S.C. § 216(b); Owens v. Marstek, LLC, 548 F. App’x 966, 971 (5th Cir. 2013) (per curiam).

68

Owens, 548 F. App’x at 971.

11

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action member would likely receive payment more quickly though a DOL settlement than through
litigating this matter.”69 However, even assuming this speculation is true, it does not change the
fact that a stay would prejudice Plaintiff and other potential plaintiffs who choose to pursue a
private action under FLSA rather than accepting payment through a DOL settlement by delaying
their ability to move forward with a private action.
Defendants argue that the Court could limit a stay to a specific time period and require
periodic status conferences.70 However, even if the Court were to grant a stay for a limited period
of time, there would still be no guarantee that a settlement with the DOL would be reached during
that specific time period. Moreover, even a limited stay would result in prejudice to Plaintiff and
potential opt-in plaintiffs by delaying their ability to pursue a private action. Accordingly, because
Plaintiff and potential opt-in plaintiffs could suffer prejudice if a stay is granted, the Court finds
that this factor weighs against the grant of a stay in the instant litigation.
b.

Hardship and Inequity Imposed on the Moving Party without a Stay

Defendants contend that they will suffer hardship if a stay is not granted, because they “will
be forced to spend substantial time and resources defending this FLSA suit” while still being
required to cooperate with the DOL investigation.71 According to Defendants, “it is clear that
Defendants will be prejudiced” if a stay is not granted, when the fact that “a DOL investigation
could resolve all of the issues in [Plaintiff’s] complaint without the need for costly litigation is
considered.”72 In opposition, Plaintiff argues that litigation costs are “not the type of legally

69

Rec. Doc. 10-1 at 4.

70

Id. at 4–5.

71

Rec. Doc. 10-1 at 5.

72

Id.

12

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recognized harm or hardship sufficient to justify a stay.”73 Plaintiff also contends that Defendants’
cooperation should streamline discovery, thereby reducing the time and expense associated with
litigating the collective action.74
As noted supra, the fact that Defendants may reach a settlement with the DOL does not
prevent Plaintiff and potential opt-in plaintiffs from pursuing a private action against Defendants
in lieu of accepting payment through a DOL settlement.75 Defendants’ argument that a DOL
investigation could “resolve all of the issues” brought in Plaintiff’s complaint and essentially
render the instant action moot is undercut by the fact that Plaintiff has brought a private action
against Defendants instead of waiting for a resolution through a DOL settlement. Defendants
appear to argue that it is inequitable for them to have to litigate Plaintiff’s action while
simultaneously cooperating with the ongoing DOL investigation and that the Court should stay
this case in order to delay their incurrence of litigation expenses. However, as noted supra, FLSA
contemplates the existence of both DOL investigations and private actions by employees.
Moreover, Defendants have not carried their burden to demonstrate that the incurrence of litigation
expenses associated with the instant action while cooperating with the DOL investigation
constitutes undue hardship such that a stay is warranted even where the non-moving party will
likely suffer prejudice. Accordingly, the Court finds that this factor also weighs against a grant of
a stay.

73

Rec. Doc. 18 at 3.

74

Id. at 3–4.

75

See Owens, 548 F. App’x at 971; 29 U.S.C. § 216(b).

13

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c.

Judicial Economy

Defendants argue that a stay of this case will promote judicial economy because a stay of
this action would prevent the Court from “duplicating the effort already undertaken” by the DOL.76
In response, Plaintiff argues that Defendants have not established that every putative class member
would accept payment through the purported DOL settlement and thus, a certifiable class would
remain even after the DOL settlement.77 Plaintiff contends that the existence of a certifiable class
would ultimately require the parties to litigate Plaintiff’s motion to certify.78 Defendants assert that
the DOL has already conducted an investigation into Shore’s compliance with FLSA and has
obtained “numerous documents” from Shore relating to its payroll practices.79 However,
Defendants have not presented any evidence of the DOL’s findings or the contents of a potential
settlement. Moreover, Defendants have not shown that the DOL settlement would render most,
much less all, of the potential opt-in plaintiffs’ claims moot such that it would be inefficient to
proceed with the instant litigation at this time. Indeed, Defendants’ past cooperation with the DOL
could streamline the discovery process in the litigation. Accordingly, this factor also weighs
against the grant of a stay.
Under the circumstances of this case and after carefully weighing the “competing interests
involved” pursuant to Fifth Circuit and Supreme Court precedent,80 the Court, exercising its wide

76

Rec. Doc. 10-1 at 6.

77

Rec. Doc. 18 at 5.

78

Id.

79

Rec. Doc. 10-1 at 6.

80

Wedgeworth v. Fibreboard Corp., 706 F.2d 451, 545 (5th Cir. 1983). See also Landis, 299 U.S. at 255
(internal citations omitted) (holding that in determining whether to grant a stay, a court must “weigh competing
interests and maintain an even balance).

14

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discretion, finds that a stay pursuant to the Court’s inherent equitable power to manage its docket
is not warranted.
B.

Primary Jurisdiction Doctrine
1.

Legal Standard

“The doctrine of primary jurisdiction . . . is a doctrine of judicial abstention whereby a
court which has jurisdiction over a matter, nonetheless defers to an administrative agency for an
initial decision on questions of fact or law within the peculiar competence of the agency.”81 “No
fixed formula exists for applying the doctrine of primary jurisdiction.”82 However, the Fifth Circuit
has identified three factors as relevant to this inquiry: (1) whether the Court has original
jurisdiction over the claim before it; (2) whether the adjudication of that claim requires the
resolution of predicate issues or making of preliminary findings; and (3) whether the legislature
has established a regulatory scheme whereby it has committed the resolution of those issues or the
making of those findings to an administrative body.83
2.

Analysis

Defendants argue that the Court should grant a stay pursuant to the primary jurisdiction
doctrine, because the DOL has specialized knowledge regarding the claims in Plaintiff’s
complaint.84 Plaintiff argues that the primary jurisdiction doctrine is not applicable in this case,

81

Occidental Chem. Corp. v. La. Pub. Serv. Com’n, 810 F.3d 299, 309 (5th Cir. 2016) (citing REO Indus.,
Inc. v. Natural Gas Pipeline Co. of Am., 932 F.2d 447, 456 (5th Cir. 1991)).
82

Id. (internal citation omitted).

83

Northwinds Abatement, Inc. v. Employers Ins. of Wausau, 69 F.3d 1304, 1311 (5th Cir. 1995) (internal
citation omitted).
84

Rec. Doc. 10-1 at 6.

15

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because the instant litigation is a “straightforward FLSA action to recover unpaid overtime” that
is “well within the Court’s expertise to decide” without the aid of the DOL.85
Here, the Court has original jurisdiction over Plaintiff’s FLSA claims. Moreover, the
adjudication of Plaintiff’s FLSA claims do not require the resolution of predicate issues or making
of preliminary findings that the legislature has committed to an administrative body. As noted
supra, while the DOL is authorized under FLSA to oversee repayments to current and former
employees, FLSA does not require a DOL investigation prior to an employee pursuing a private
action under FLSA. FLSA provides that an employee need not accept back wages from an
employer as calculated by the DOL.86 “Rather, an employee may choose to pursue an action
against an employer who violates the FLSA, and in pursuing such action, can maintain a claim not
only for back wages, but also for liquidated damages, attorney’s fees, and costs.”87 The
determination of whether Defendants appropriately compensated Plaintiff and potential opt-in
plaintiffs is not particularly technical or specialized. Moreover, courts in the Eastern District of
Louisiana regularly adjudicate FLSA claims like the ones presented in Plaintiff’s complaint.88
Thus, the Court finds that the three factors identified by the Fifth Circuit weigh against the
application of the primary jurisdiction doctrine.
As the Fifth Circuit has instructed, “courts should be reluctant to invoke the doctrine of
primary jurisdiction, which often, but not always, results in added expense and delay to the litigants

85

Rec. Doc. 18 at 6.

86

See 29 U.S.C. § 216(b); Owens v. Marstek, LLC, 548 F. App’x 966, 971 (5th Cir. 2013) (per curiam).

87

Owens, 548 F. App’x at 971.

88

See, e.g., Nieto v. Pizzati Enterprs., Inc., No. 16-5352, 2016 WL 6962513 (E.D. La. Nov. 29, 2016) (Brown,
J.); Medina v. Brothers Behrman Hwy., Inc., No. 13-4831, 2015 WL 3679534 (E.D. La. June 12, 2015) (Vance, J.);
Allen v. Entergy Ops., Inc., No. 11-1571, 2016 WL 614687 (E.D. La. Feb. 11, 2016) (Milazzo, J.).

16

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where the nature of the action deems the application of the doctrine inappropriate.”89 Additionally,
“the court must always balance the benefits of seeking the agency’s aid with the need to resolve
disputes fairly yet as expeditiously as possible.”90 Here, the Court finds that the potential benefit
of seeking the DOL’s aid is outweighed by the need to resolve Plaintiff’s claims fairly and as
expeditiously as possible. Accordingly, the Court finds that a stay of this litigation is not warranted
pursuant to the primary jurisdiction doctrine.
IV. Conclusion
On a motion to stay a proceeding, the moving party bears the burden to show that a stay is
warranted.91 Here, Defendants have failed to “make out a clear case of hardship or inequity in
being required to go forward,” given the risk of harm to Plaintiff and potential opt-in plaintiffs if
the instant litigation is stayed.92 Therefore, the Court finds that a stay pursuant to the Court’s
equitable power is not warranted. Moreover, after considering the factors enunciated by the Fifth
Circuit in analyzing the applicability of the primary jurisdiction doctrine and the particular
circumstances of this case, the Court finds that a stay of this litigation is not warranted pursuant to
the primary jurisdiction doctrine.93

89

Occidental Chem. Corp., 810 F.3d at 309–310 (citing Columbia Gas Transmission Corp. v. Allied Chem.
Corp., 652 F.2d 503, 520 n. 15 (5th Cir. 1981)).
90

Id.

91
See Ruiz v. Estelle, 666 F.2d 854, 856 (5th Cir. 1982); Drummond v. Fulton Cty. Dep’t of Family &
Children’s Servs., 532 F.2d 1001, 1002 (5th Cir. 1976).
92

Ates v. Delta Air Lines, Inc., No. 15-3228, 2015 WL 5774979, at *3 (E.D. La. Sept. 30, 2015) (Brown, J.)
(internal citation omitted).
93

Northwinds Abatement, Inc. v. Employers Ins. of Wausau, 69 F.3d 1304, 1311 (5th Cir. 1995) (internal
citation omitted).

17

Case 2:17-cv-01896-NJB-KWR Document 22 Filed 07/06/17 Page 18 of 18

Accordingly,
IT IS HEREBY ORDERED that the Defendants’ Motion to Stay94 is DENIED.

6th
NEW ORLEANS, LOUISIANA, this ____ day of July, 2017.
_________________________________
NANNETTE JOLIVETTE BROWN
UNITED STATES DISTRICT JUDGE

94

Rec. Doc. 10.

18