Combs et al v. ITT Technical Institute et al
Filing
30
DECISION AND ENTRY SUSTAINING PLAINTIFFS LAURA COMBS AND YONNIE TRAVIS'S RULE 41(a)(2) MOTION FOR VOLUNTARY DISMISSAL WITHOUT PREJUDICE (DOC. # 24 ), SUBJECT TO CONDITIONS: PLAINTIFFS MUST OBTAIN LEAVE OF COURT PRIOR TO FILING NEW COMPLAINT IN T HIS COURT BASED ON SAME SET OF OPERATIVE FACTS; ANY SUCH COMPLAINT FILED IN THIS COURT OR FILED IN STATE COURT AND REMOVED TO THIS COURT SHALL BE DEEMED "RELATED" TO THE CAPTIONED CASE; PLAINTIFFS MUST DEMONSTRATE GOOD CAUSE PRIOR TO CONDUCTING ADDITIONAL DISCOVERY; AND PLAINTIFFS MUST REIMBURSE DEFENDANT ITT TECHNICAL INSTITUTE FOR ANY COSTS AND ATTORNEY FEES INCURRED IN DUPLICATIVE PROCEEDINGS; TERMINATION ENTRY. Signed by Judge Walter H. Rice on 07/21/16. (kma)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
LAURA COMBS, et al.,
Plaintiffs ,
v.
Case No. 3:15-cv-15
JUDGE WALTER H. RICE
ITT TECH . INST.,
Defendant.
DECISION AND ENTRY SUSTAINING PLAINTIFFS LAURA COMBS
AND YONNIE TRAVIS'S RULE 41(a)(2) MOTION FOR VOLUNTARY
DISMISSAL WITHOUT PREJUDICE (DOC. #24), SUBJECT TO
CONDITIONS: PLAINTIFFS MUST OBTAIN LEAVE OF COURT PRIOR
TO FILING NEW COMPLAINT IN THIS COURT BASED ON SAME SET
OF OPERATIVE FACTS; ANY SUCH COMPLAINT FILED IN THIS
COURT OR FILED IN STATE COURT AND REMOVED TO THIS COURT
SHALL BE DEEMED "RELATED" TO THE CAPTIONED CASE;
PLAINTIFFS MUST DEMONSTRATE GOOD CAUSE PRIOR TO
CONDUCTING ADDITIONAL DISCOVERY; AND PLAINTIFFS MUST
REIMBURSE DEFENDANT ITT TECHNICAL INSTITUTE FOR ANY
COSTS AND ATTORNEY FEES INCURRED IN DUPLICATIVE
PROCEEDINGS; TERMINATION ENTRY
Plaintiffs, Laura Combs ("Combs") and Yonnie Travis ("Travis") (collectively
"Plaintiffs"), have filed a Rule 41 (a)(2) Motion for Voluntary Dismissal without Prejudice
("Motion") of their Complaint against Defendant, ITT Technical Institute ("ITT"). Doc.
#24. For the reasons set forth below, the motion is SUSTAINED, subject to conditions
set forth more fully below.
I.
FACTUAL BACKGROUND AND PROCEDURAL HISTORY
On November 8, 2014, Plaintiffs filed a complaint in the Montgomery County,
Ohio, Court of Common Pleas ("state court") against ITT, Erica Bisch ("Bisch"), ITT's
regional manager for a geographic area including Dayton, Ohio, and Randy Schiefer
("Schiefer"), director of ITT's Dayton, Ohio campus. Doc. #1-1 , ml 3-5, PAGEID #6-7.
Plaintiffs, former employees of ITT who worked at its Dayton, Ohio campus, id. , ml 17,
19, PAGEID #8, asserted numerous federal and state law claims against ITT, Bisch and
Schiefer (collectively "Defendants").
Id., ~~
53-299, PAGEID #12-31. Defendants
timely removed the case to this Court on January 14, 2015. Doc. #1 . The parties
engaged in discovery pursuant to this Court's preliminary pretrial order, Doc. #10, which
was modified on several occasions. In early May, 2016, shortly before the close of
discovery, Defendants produced a hard drive and additional documents to Plaintiff.
Doc. #29, PAGEID #1390. On May 18, 2016, Magistrate Judge Michael J. Newman
entered an ordered stating that "[t]he discovery phase of this case has ended ." Doc.
#16, PAGEID #190.
On May 26, 2016, Defendants filed motions for extension of time, until June 10,
2016, to file a motion for summary judgment, and for leave to exceed the page limit set
forth in S.D. Ohio Civ. R. 7.2(a)(3) in their supporting memorandum. Doc. #17, 18. This
Court sustained both motions in notation orders on June 1, 2016. Some time shortly
before June 7, 2016, pursuant to S.D. Ohio Civ. R. 7.3, counsel for Plaintiffs contacted
counsel for Defendants, and claimed that, due to her husband's degenerative medical
condition, Travis was unable, at present, to prosecute her claims. Doc. #24, PAGEID
#1365. Counsel for Plaintiffs asked that Defendants stipulate to a voluntary dismissal
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without prejudice. Defendants offered to stay the case for thirty days, but refused to
stipulate to such a dismissal. Id. On June 7, 2016, Defendants filed four depositions,
and their accompanying exhibits, in support of their impending motion for summary
judgment. Docs. #19-23. That same day, Plaintiff filed the present Motion. Doc. #24.
On June 16, 2016, Plaintiffs voluntarily dismissed with prejudice their claims against
Bisch and Schiefer, leaving ITT as the sole remaining Defendant. Doc. #26.
II.
LEGAL STANDARD
If an opposing party has filed a responsive pleading, and will not stipulate to a
dismissal without prejudice, then "an action may be dismissed at the plaintiff's request
only by court order, on terms that the court considers proper." Fed. R. Civ. P. 41 (a)(2) .
The primary purpose of the rule in interposing the requirement of court
approval is to protect the nonmovant from unfair treatment. Generally, an
abuse of discretion is found only where the defendant would suffer "plain
legal prejudice" as a result of a dismissal without prejudice, as opposed to
the mere prospect of facing a second lawsuit.
Grover by Grover v. Eli Lilly & Co., 33 F.3d 716, 718 (6th Cir. 1994) (citations omitted).
[l]n determining whether a defendant will suffer plain legal prejudice, a
court should consider such factors as [(1 )] the defendant's effort and
expense of preparation for trial, [(2)] excessive delay and lack of diligence
on the part of the plaintiff in prosecuting the action, [(3)] insufficient
explanation for the need to take a dismissal, and [(4)] whether a motion for
summary judgment has been filed by the defendant.
Id. However, "[t]here is no requirement that each of the Grover factors be resolved in
favor of the moving party before dismissal is appropriate. The factors are 'simply a
guide for the trial judge, in whom the ultimate discretion ultimately rests."' Rosenthal v.
Bridgestone/Firestone, Inc., Nos. 05-4451, 05-4452, 217 F. App'x 498, 502 (6th Cir.
2007) (citing Kovalic v. DEC Int'/, Inc., 855 F.2d 471 , 474 (7th Cir. 1988)).
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Ill.
EVALUATION OF GROVER FACTORS
A.
ITT's Effort and Expense in Preparing for Trial
In its memorandum contra, ITT argues that "[t]his is not a case where dismissal is
sought early in, or even in the midst of, discovery. Defendant has expended much time
and many resources in the pleading and discovery phases of this case." Doc. #28,
PAGEID #1382. ITT claims that their discovery and trial preparation efforts, including
out-of-state depositions, "weigh in favor of denying Plaintiffs' Motion ." Id., PAGEID
#1382-83 (citing Leon v. City of Columbus, No. 2:09-cv-329, 2012 WL 639506 (S.D.
Ohio Feb. 28, 2012) (Smith, J.)). However, Leon is distinguishable, as the case had
been pending for almost three years at the time the plaintiff sought voluntary dismissal,
and a motion for summary judgment had been pending for more than sixteen months.
2012 WL 639506, at *2. This case, meanwhile, has been pending for less than two
years, and Defendant's motion for summary judgment is not yet before the Court.
Moreover, as Plaintiffs note, all discovery which the parties have conducted may be
used in the event the case is refiled, Doc. #24, PAGEID #1364, and ITT will be able to
file its planned motion for summary judgment if Plaintiffs do refile . Thus, the time and
money expended by ITT do not weigh against sustaining Plaintiffs' Motion.
However, Plaintiffs seek to "revisit the discovery issues pertaining to experts and
to perform a small number of new depositions." Doc. #24, PAGEID #1364 n.1 . The
Court is mindful that the discovery period has ended , and ITT has prepared a motion for
summary judgment. Thus, any additional discovery would only be permitted upon a
showing of good cause that such discovery is necessary; a statement that additional
discovery "will be limited to only issues pertinent to developing this case," id. , will not
suffice.
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B.
Diligence in Prosecution
Other than a disagreement as to when Plaintiffs took steps to compel disclosure
of the hard drive discussed above, Doc. #28, PAGEID #1385; Doc. #29, PAGEID
#1394, there appears to be no dispute as to whether that Plaintiffs have been diligent in
prosecuting their claims. Moreover, Plaintiffs and their counsel have represented to the
Court, under penalties of perjury or Rule 11 sanctions, respectively, that they sought to
dismiss the case shortly after Travis made her attorney aware of her family situation.
Doc. #24, PAGEID #1365-67. Thus, the second factor weighs in favor of sustaining the
Motion.
C.
Sufficiency of Reason for Dismissal
Plaintiffs cite two reasons as to why they are seeking dismissal. First, Travis,
due to her husband's degenerative spine disease, has been forced "to take on extra
shifts at work and to obtain another job to support her husband and two teenage
ch ildren ." Doc. #24, PAGEID #1362. While Travis expects her husband to receive
disability payments by November, 2016, she is unable to participate in evaluating the
documents contained on the hard drive or in preparing for trial prior to that time. Id.;
Doc. #29, PAGEID #1392, 1394. Second , Combs desires to remain joined as a plaintiff
with Travis, rather than continuing her case separately. Doc. #24, PAGEID #1365. In
its memorandum contra , ITT argues that Plaintiffs have "fail[ed] to explain how Ms.
Combs' desire to remain together with Ms. Travis supports a voluntary dismissal of her
claims without prejudice." Doc. #28, PAGEID #1384. Further, ITT notes that their offer
to stay proceedings for thirty days was rebuffed in favor of the present Motion. Id.
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Defendants' offer to stay proceedings appears to be insufficient, as Plaintiffs
represent that, because Travis's husband is unlikely to receive disability payments until
November, 2016, Travis will be unable to participate in trial preparation prior to that
time. Doc. #24, PAGEID #1362. Moreover, although ITT may be correct that Plaintiffs'
counsel will undertake much of the work of responding to its motion for summary
judgment and preparing for trial, Doc. #28, PAGEID #1384, Plaintiffs have the right to
participate fully in trial preparation. Thus, Combs's desire to assist her counsel in trial
preparation, at a time where she is not overburdened by familial obligations, weighs in
favor of sustaining the Motion. Also, allowing Combs and Travis to prosecute their
claims together, if the present complaint is refiled , will preserve the resources of the
parties and the Court, as there would not be two separate actions arising out of the
same core of operative facts. Thus, Combs wishing to remain joined with Travis weighs
in favor of sustaining the Motion.
0.
Filing of Dispositive Motion
Plaintiff's statement that "there are no pending dispositive motions currently filed
by any of the defendants," Doc. #24, PAGEID #1365, is disingenuous. Plaintiff was
aware from Defendants' previous motions, Doc. #17-18, that a motion for summary
judgment would be filed no later than June 10, 2016, three days after Plaintiffs filed this
Motion . The deposition transcripts and exhibits, upon which Defendants intended to
rely on for their motion, Doc. #19-23, were filed mere hours before the present Motion.
Thus, the fourth factor weighs against sustaining the motion, and ITT's request that any
new complaint based on the same operative facts be deemed a "related case" and "pick
up where the instant case left off- with the filing and consideration of [ITT's] motion for
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summary judgment," Doc. #28, PAGEID #1386, are appropriate means of ensuring that
ITI does not suffer "plain legal prejudice" in the event that Plaintiffs' claims are
renewed. Grover, 33 F.3d at 718. Accordingly, if Plaintiffs, when filing a new complaint,
are unable to show good cause as to why additional discovery is necessary, then ITT
may file its motion for summary judgment immediately.
IV.
CONCLUSION
As three of the four Grover factors weigh in Plaintiffs' favor, their Rule 41 (a)(2)
Motion for Voluntary Dismissal without Prejudice, Doc. #24, is SUSTAINED, subject to
the following conditions:
1.
If Plaintiffs wish to file a new complaint in this Court based on the
same set of operative facts, then they must obtain leave of Court
prior to doing so;
2.
Any new complaint arising out the same set of operative facts that
is filed in this Court, or is filed in state court and subsequently
removed to this Court, shall be deemed "related" to the captioned
case;
3.
Plaintiffs must obtain leave of Court prior to conducting any
additional discovery, and must demonstrate good cause as to why
the Court should allow that discovery; and
4.
If ITI is forced to undertake any duplicative actions as a result of
the refiled case, then Plaintiffs shall reimburse ITI for all costs and
attorney fees incurred as a result of such actions.
The captioned case is hereby ordered terminated upon the docket records of the
United States District Court for the Southern District of Ohio, Western Division, at
Dayton.
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Date: July 21 , 2016
WALTER H. RICE
UNITED STATES DISTRICT JUDGE
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