Bliss v. Affiliated Pathologists, PA et al

Filing 48

OPINION AND ORDER by Magistrate Judge Kimberly E. West denying 24 Motion to Dismiss for Lack of Jurisdiction. (adw, Deputy Clerk)

IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF OKLAHOMA
BRYCE O. BLISS, M.D.,
Plaintiff,
v.
AFFILIATED PATHOLOGISTS, P.A.,
a Texas Professional
Association;
ANATOMICAL MEDICAL
LABORATORIES, INC.,
a Texas Corporation; and
BILLING PROFESSIONALS OF
TEXAS, INC.,
a Texas Corporation,
Defendants.

)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)

Case No. CIV-16-197-KEW

OPINION AND ORDER
This matter comes before the Court on Defendant Affiliated
Pathologists, P.A.’s Motion to Dismiss for Lack of Subject Matter
Jurisdiction (Docket Entry #24).

Plaintiff initiated this action

on May 20, 2016, seeking recovery for breach of an employment
contract and for violation of the Oklahoma Protection of Labor
Act.1

Jurisdiction is based upon diversity of citizenship of the

parties.

Through

the

pending

Motion,

Defendant

Affiliated

Pathologists, P.A. (“Affiliated”) contends that the employment
contract with Plaintiff expressly requires that it will be governed
by the laws of the State of Texas.

As a result, Affiliated asserts

that the jurisdictional amount cannot be met because the amount in
controversy under the contract is $58,400.00 and the only way for
Plaintiff to meet the required amount is to seek recovery of the
1

Defendant Affiliated Pathologists, P.A. is the sole remaining
Defendant named in this action.

liquidated damages under the Oklahoma Protection of Labor Act
(“OPLA”).

Affiliated contends the OPLA cannot be applied to the

employment contract between the parties which is governed by Texas
law.
To establish a wage claim under the OPLA, 40 Okla. Stat. §§
165.1 et seq., an employee has the burden of establishing the
following elements: (1) an employer-employee relationship, (2)
wages are earned and due or provided in an established policy, (3)
employment was terminated, and (4) the employer failed to pay the
employee's wages at the next regular pay day after termination.
Coen v. SemGroup Energy Partners G.P., LLC, 310 P.3d 657, 662
(Okla.Civ.App. 2013).

Under the OPLA’s definition, “an employee's

‘wages' are the amount the employer has offered or promised to pay
as compensation for the employee's labor or services rendered and
are earned and due.”

Id. at 662-63.

While the OPLA refers to the

employment contract in order to establish wages, it is extracontractual relief which is sought by the violation of its terms.
Consequently, the choice of law clause within the employment
contract between Plaintiff and Affiliated has no bearing upon
whether Plaintiff can pursue a claim under Oklahoma law based in
the OPLA. As a result, Plaintiff has alleged sufficient damages to
establish the jurisdictional amount under diversity jurisdiction.
IT

IS

THEREFORE

ORDERED

that

Defendant

Affiliated

Pathologists, P.A.’s Motion to Dismiss for Lack of Subject Matter
Jurisdiction (Docket Entry #24) is hereby DENIED.

2

IT IS SO ORDERED this 29th day of September, 2017.

______________________________
KIMBERLY E. WEST
UNITED STATES MAGISTRATE JUDGE

3