Sampson v. Knight Transportation, Inc
Filing
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ORDER granting 110 Motion for Leave to File Amicus Brief. The Clerk is directed to RENOTE the motion for class certification (Dkt. No. 52 ) for May 4, 2020. Signed by U.S. District Judge John C Coughenour. (TH)
Case 2:17-cv-00028-JCC Document 115 Filed 05/04/20 Page 1 of 4
THE HONORABLE JOHN C. COUGHENOUR
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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE
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VALERIE SAMPSON and DAVID
RAYMON, on their own behalf and on the
behalf of all other similarly situated,
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ORDER
Plaintiff,
v.
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CASE NO. 17-0028-JCC
KNIGHT TRANSPORTATION, INC., an
Arizona corporation, KNIGHT
REFRIGERATED, LLC, an Arizona limited
liability company and KNIGHT PORT
SERVICES, LLC, an Arizona limited liability
company,
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Defendant.
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This matter comes before the Court on the Washington State Department of Labor and
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Industries’ (“L&I”) motion for leave to file an amicus curiae brief (Dkt. No. 110). Having
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thoroughly considered the motion, the parties’ briefing, and the relevant record, the Court finds
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oral argument unnecessary and hereby GRANTS the motion for the reasons explained herein.
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I.
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BACKGROUND
The Court set forth the underlying facts of this case in a previous order and will not
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repeat them here. (See Dkt. No. 37.) In response to Defendants’ motion for partial summary
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judgment, Plaintiffs asked the Court to certify a question to the Washington State Supreme Court
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to determine whether their “on duty, not driving” claim was cognizable under Washington law.
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(Dkt. No. 80 at 9.) The Court certified the following question: “Does the Washington Minimum
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Wage Act [(“MWA”)] require non-agricultural employers to pay their piece-rate employees per
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hour for time spent performing activities outside of piece-rate work?” (Dkt. No. 92 at 17.) The
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Washington Supreme Court answered “no,” holding that “WAC 296-126-021 implements the
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MWA and allows employers to use workweek averaging to measure compliance with the MWA
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for nonagricultural workers paid on a piecework basis.” Sampson v. Knight Transportation, Inc.,
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448 P.3d 9, 17 (Wash. 2019); (Dkt. No. 108 at 2). Plaintiffs’ motion for class certification is
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pending before the Court for consideration, and the parties have supplied supplemental briefing
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addressing the Washington Supreme Court’s answer to the certified question. (See Dkt. Nos.
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108, 109.) L&I now moves for leave to file an amicus brief concerning the impacts on
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Washington law of a recent Federal Motor Carrier Safety Administration (“FMCSA”) decision
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regarding a California labor law. (Dkt. No. 110 at 1–2.)
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II.
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DISCUSSION
District courts have “broad discretion” regarding the appointment of amici. Hoptowit v.
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Ray, 682 F.2d 1237, 1260 (9th Cir. 1982). District courts frequently welcome amicus briefs from
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non-parties “concerning legal issues that have potential ramifications beyond the parties directly
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involved.” Skokomish Indian Tribe v. Goldmark, Case No. C13-5071-JLR, Dkt. No. 91 at 1
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(W.D. Wash. 2013) (quoting Ryan v. Commodity Futures Trading Comm’n, 125 F.3d 1062, 1064
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(7th Cir. 1997)). The Ninth Circuit has said “there is no rule that amici must be totally
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disinterested.” Funbus Sys., Inc. v. State of Cal. Pub. Utils. Comm’n, 801 F.2d 1120, 1125 (9th
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Cir. 1986) (citation omitted); See Hoptowit, 682 F.2d at 1260 (affirming district court’s
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appointment of amicus curiae, although amicus entirely supported only one party’s arguments).
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L&I has submitted a motion for leave to file an amicus brief to provide Washington’s
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interpretation of the labor laws at issue in this case. L&I asserts that leave to file an amicus brief
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is appropriate “based on the interest and unique perspective that L&I can provide in these
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circumstances.” (Dkt. No. 110 at 3.) L&I is the Washington State agency that enforces laws
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respecting working conditions and wages of employees of business and industry in the state. (See
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id.); Wash. Rev. Code § 43.22.270(4). These regulations encompass Washington’s rest break
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rules, which are central to this case. (Dkt. No. 110 at 3.) In its proposed amicus brief, L&I opines
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that the FMCSA decision preempts California’s meal-and-rest break laws as applied to certain
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drivers, but it does not apply to Washington law under the standards set forth in 49 U.S.C. §
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31141. (Dkt. No. 110-1 at 1–3.) That statute gives the Secretary of Transportation power to
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preempt a particular state regulation “after applying statutory standards to that regulation.” (Id. at
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8.)
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Plaintiffs support L&I’s motion for leave to file an amicus brief in the event “the Court
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finds it necessary to analyze the merits” of Plaintiffs’ claim for class certification. (Dkt. No. 113
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at 1.) Defendants argue that the FMCSA preemption determination regarding California law
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should be applicable to similar laws in Washington State. (Dkt. No. 112 at 8–9). Defendants
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argue that L&I’s amicus brief “adds nothing,” attempts to “opine on the preemptive effect of a
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federal statute it does not administer,” and is duplicative of arguments made by Plaintiffs. (Id. at
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7.) Defendants contend that L&I’s arguments are meritless because the Washington laws at issue
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are “substantially similar to California’s and are thus preempted” for the same reason. (Id. at 7.)
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Defendants state that L&I’s amicus brief does not convey the arguments of an impacted
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individual but rather “reiterates the same exact arguments made by Plaintiffs.” (Id. at 8.)
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Defendants also assert that L&I’s brief addresses only the preemptive force of the FMCSA
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determination and does not provide “particular expertise and insight” on applicable Washington
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labor laws. (Dkt. No. 110-1 at 8.)
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A determination regarding FMCSA’s effect on Washington labor law is likely to impact
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parties outside the immediate litigation as these laws apply to all applicable Washington business
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and industry, not just these parties. L&I’s informed position on the effects of the FMCSA
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determination on Washington’s labor laws and regulations may prove helpful to the Court.
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Therefore, the motion for leave to file an amicus brief is GRANTED.
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III.
CONCLUSION
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For the foregoing reasons, the motion for leave to file an amicus curiae brief (Dkt. No.
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110) is GRANTED. The Clerk is directed to RENOTE the motion for class certification (Dkt.
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No. 52) for May 4, 2020.
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DATED this 4th day of May 2020.
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John C. Coughenour
UNITED STATES DISTRICT JUDGE
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