WHITEHOUSE et al v. PRUDENTIAL INSURANCE COMPANY OF AMERICA
Filing
33
DECISION AND ORDER ON MOTION TO DISMISS - granting in part and denying in part 27 Motion to Dismiss for Failure to State a Claim. By JUDGE D. BROCK HORNBY. (mnw)
UNITED STATES DISTRICT COURT
DISTRICT OF MAINE
NANCY WHITEHOUSE,
ET AL.,
PLAINTIFFS
v.
PRUDENTIAL INSURANCE
COMPANY OF AMERICA,
DEFENDANT
)
)
)
)
)
)
)
)
)
)
NO. 2:12-CV-214-DBH
DECISION AND ORDER ON MOTION TO DISMISS
The defendant’s motion to dismiss the retaliation claim is DENIED
AND
IN PART
GRANTED IN PART.
First, the plaintiffs have not opposed the defendant’s motion to dismiss
their retaliation claim under Maine law. That portion, therefore, is GRANTED.
With respect to the federal claim of retaliation, however, the First Amended
Complaint, fairly read, meets the Twombly and Iqbal standards for liability.
See Ashcroft v. Iqbal, 556 U.S. 662 (2009); Bell Atl. Corp. v. Twombly, 550 U.S.
544 (2007). Perhaps the defendant will have grounds for a summary judgment
motion, but not for Rule 12(b)(6) dismissal. Therefore the motion is DENIED as
to liability on the federal retaliation claim.
As for the availability of “compensatory” (not wage) damages, I observe
that the First Circuit has held that the remedies under the Fair Labor
Standards Act (FLSA) and the Age Discrimination in Employment Act (ADEA)
are identical. Collazo v. Nicholson, 535 F.3d 41, 44-45 (1st Cir. 2008). Since
the First Circuit has also held that compensatory damages are not available
under the ADEA, id., it follows (for a trial judge in this Circuit) that they are not
available under the FLSA. Accord Snapp v. Unlimited Concepts, Inc., 208 F.3d
928 (11th Cir. 2000); Fiedler v. Indianhead Truck Line, Inc., 670 F.2d 806 (8th
Cir. 1982).
I therefore do not follow the Sixth and Seventh Circuits, which
permit such damages. Moore v. Freeman, 355 F.3d 558 (6th Cir. 2004); Shea
v. Galaxie Lumber & Constr. Co., Ltd., 152 F.3d 729 (7th Cir. 1998); Travis v.
Gary Cmty. Mental Health Ctr., Inc., 921 F.2d 108 (7th Cir. 1990).
I follow the same reasoning on punitive damages. The First Circuit has
said they are unavailable under the ADEA. Kolb v. Goldring, Inc., 694 F.2d
869, 872 (1st Cir. 1982). Therefore they are unavailable here under the FLSA,
regardless of the Seventh Circuit’s approach in Travis.
Accordingly the Maine retaliation claim is DISMISSED, the federal
retaliation claim survives, and the federal claim for compensatory and punitive
damages is DISMISSED.
SO ORDERED.
DATED THIS 2ND DAY OF JANUARY, 2013
/S/D. BROCK HORNBY
D. BROCK HORNBY
UNITED STATES DISTRICT JUDGE
2
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?