Ramirez et al v. Iron Rock Resources, Inc. et al

Filing 11

ORDER DENYING 9 Motion to Dismiss; GRANTING 10 Motion to Transfer Case. Signed by Judge Sam Sparks. (td)

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IN THE UNITED STATES DISTRICT COI4J
Ply 28
FOR THE WESTERN DISTRICT OF
PH
AUSTIN DIVISION

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j.

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iIIITs

IRENE RAMIREZ, as Heir ofDecedent Jesus Jose
Chavez Rainirez, SANTOS LOPEZ, and JUAN
CASTANON,
Plaintiffs,

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Case No. A-15-CA408-SS

-vs-

IRON ROCK RESOURCES, INC., ALLIANCE
RECYCLERS, KYLE BRENDLE, and MELVIN
HAMMIT,
Defendants.

ORDER
BE IT REMEMBERED on this day the Court reviewed the file in the above-styled cause, and

specifically Defendants Iron Rock Resources, Inc., Alliance Recyclers, Kyle Brendle, and Melvin

Hammit's Motion to Dismiss [#9] and Plaintiffs Irene Ramirez, Santos Lopez, and Juan Castanon's
Response to Defendants' Motion to Dismiss and Motion to Transfer to Northern District of

TexasFort Worth Division [#10]. Having reviewed the documents, the governing law, and the file
as a whole, the Court now enters the following:

This is a Fair Labor Standards Act (FLSA) case. Plaintiffs allege Defendants, two Texas
companies involved in the demolition and recycling business and two owners, officers, and managers

of said companies, violated the FLSA by failing to pay their employees overtime wages. According
to Plaintiffs, Defendants paid forty hours per week under the name of Iron Rock Resources, Inc., and

paid additional hours worked under the name of Alliance Resources, Inc. Plaintiffs seek unpaid
overtime wages, liquidated damages, and all additional damages to which they are entitled.

Plaintiffs filed their complaint on February 5, 2015.

See

Compl. [#1]. Defendants were

served on or about February 13, 2015; their deadline to respond to the complaint was therefore
March 6, 2015.

See FED, R. CIV. P.

12(a)(1)(A)(i). On March 6, 2015, Defendants filed a motion

for extension of time to respond to the complaint; Plaintiffs did not oppose the motion.

See

Unopposed Mot. Extension [#5]. The Court granted the motion and gave Defendants until March
27, 2015, to respond to the complaint. See Order of March 18, 2015 [#6]. On March 27, 2015,

Defendants filed a second motion for extension of time to respond to the complaint; again, Plaintiffs
did not oppose the motion.

See

Second Unopposed Mot. Extension [#7]. The Court once again

granted the motion, giving Defendants until April 17, 2015, to respond to the complaint.

See

Order

of March 20, 2015 [#8].
On April 17, 2015, Defendants filed the instant two-page motion to dismiss, arguing the
action should be dismissed because venue is improper in this district.

See

Mot. Dismiss [#9]. In

their response, Plaintiffs state they filed suit here under the erroneous belief that Erath County, the
principal place of business of Defendants Iron Rock Resources, Inc. and Alliance Recyclers and the
domicile of Defendant Melvin Hammit, was located in the Western District of Texas. Plaintiffs
acknowledge this suit should have been filed in the Northern District of Texas, Fort Worth Division.

Apparently, despite the fact that Plaintiffs agreed to two extensions of time for Defendants
to respond to their complaint, Defendants oppose a motion to transfer venue to the Northern District.

The Court notes Plaintiffs allege Defendants' violation of the FLSA was willful, entitling them to
a three-year limitations period. Cognizant the date of filing suit directly affects how much or even

whether FLSA plaintiffs can recover in the event their employers are found liable, the Court declines
to dismiss this case. Defendants delayed, for forty-two days, the filing of their exceptionally

-2-

compact motion to dismiss. This delay will severely prejudice plaintiffs by reducing the damages
some may be entitled to recover and, perhaps, by time-barring some plaintiffs' claims entirely. The
Court finds a transfer, rather than a dismissal, is clearly in the interest of justice. See 28
§

U.s.c.

1406; Burr v. Transohio Say, Bank, 77 F.3d 477 (5th Cir. 1995) (unpublished) (citing Minnette

Time Warner, 997 F.2d 1023, 1027) (2d

v.

cir. 1993)) (noting dismissal does not serve the purposes

of the venue statute where dismissal will create a time bar).
Accordingly:
IT IS ORDERED that Defendants Iron Rock Resources, Inc., Alliance Recyclers,

Kyle Brendle, and Melvin Hammit's Motion to Dismiss [#9] is DENIED;
IT IS FURTHER ORDERED that Plaintiffs Irene Ramirez, Santos Lopez, and Juan

Castanon's Motion to Transfer to Northern District of TexasFort Worth Division [#10] is
GRANTED;
IT IS FiNALLY ORDERED that the above-styled and numbered cause is hereby

TRANSFERRED to the United States District Court for the Northern District of Texas, Fort
Worth Division.
SIGNED this the

g

day of May 2015.

SAt1'

UINITED STATES DISTRICT JUDGE

108 ord dism transfer mots ba.fnn