Pizl v. Roadrunner Transportation Services Inc

Filing 15

ORDER granting 6 Motion to Remand. Per LCR 3(i), case will be remanded on the 15th day following the date of this Order, on 4/11/2024.Signed by Judge Robert J. Bryan. (JL)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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CASE NO. 3:23-cv-6110 DGE

AMBER N. PIZL,
Plaintiff,
v.

ORDER GRANTING MOTION TO
REMAND

ROADRUNNER TRANSPORTATION
SERVICES, INC., a foreign corporation,
Defendant.

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This matter comes before the Court on Plaintiff's Motion to Remand (Dkt. 6), attacking
Defendant's Notice of Removal (Dkt. 1).

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Plaintiff's Class Action Complaint for Damages (Dkt. 1-1) started this litigation,

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Defendant promptly filed its Notice of Removal (Dkt. 1), and Plaintiff then filed the Motion to

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Remand (Dkt. 6).

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Plaintiff, in her Complaint (Dkt. 1-1), makes two claims against Defendant: the

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individual claim of Plaintiff Pizl for violation of the Equal Pay and Opportunities Act ("EPO"),

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RCW 49.58, and a class action bringing the same claim for a proposed class of individuals in the

ORDER GRANTING MOTION TO REMAND - 1

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same situation as Plaintiff Pizl. The issue herein, regarding removal of the case to federal court,

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must be decided on the individual claim of Plaintiff Pizl, and not on the class action claim.

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The issue to the Court is narrow - Defendant removes the case based on 28 U.S.C. § 1332

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because of diversity between Plaintiff and Defendant (which is agreed) and on the amount in

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controversy exceeding $75,000.00, the jurisdictional amount for establishing federal court

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jurisdiction under 28 U.S.C. § 1332. It is this jurisdictional amount that is in controversy here.

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Defendant alleges, and has the burden of proving by a preponderance of the evidence,

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that the evidence overcomes the strong presumption against removal jurisdiction, and establishes

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that federal jurisdiction is proper. Defendant's showing must include "summary judgment-type

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evidence." Fritsch v Swift Transp. Co. of Arizona, LLC, 899 F.3d 785 (9th Cir. 2018).

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Defendant's primary showing of its position is based on the Declaration of Randall Thompson in

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Support of Defendant's Opposition to the Plaintiff's Motion to Remand (Dkt. 9). Plaintiff does

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not offer any evidence in response, but takes the position that Defendant's showing does not

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establish the $75,000.00 minimum amount in controversy.

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Plaintiff argues that "this is a simple case" involving two job postings wherein Defendant

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did not list any wage scale or salary range, as Plaintiff claims the law requires. Plaintiff seeks

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the statutory penalties of $5,000.00 per alleged violation, or $10,000.00 total. To that amount,

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Defendant adds attorney's fees to reach an amount in controversy in excess of $75,000.00.

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The defense appears, throughout the pleadings, to speculate about what could happen in

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this litigation. The defense seems to be concerned about events in the class action proceedings

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that are not relevant here. The defense showing speculates about possible complexities that

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could arise in the litigation between Plaintiff Pizl and Defendant. The defense speculates about

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attorney fees amounts and necessary litigation steps in Mr. Thompson's Declaration (Dkt. 9)

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ORDER GRANTING MOTION TO REMAND - 2

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based only on Mr. Thompson's experience. The defense further speculates about side issues that

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could come up during litigation.

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The likely damages, however, are $10,000.00, based on Plaintiff's Complaint (Dkt. 1-1).

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Plaintiff's clear intent is to request only those statutory damages from Defendant. As Plaintiff

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argues, this is a simple case where Plaintiff wishes to take advantage of a perceived violation of a

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law with statutory penalties.

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In examining Mr. Thompson's affidavit, (Dkt. 9) and language in Defendant's Opposition

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to Plaintiff's Motion to Remand (Dkt. 7), we see that counsel adopts a $415.00 per hour fee and

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175 hours of legal work for an estimated fee expense of $72,625.00, for a total amount in

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controversy of $82,625.00, or only $7,675.00 over the jurisdictional amount. We can, for

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argument purposes, assume that this is Mr. Thompson's "lodestar" figure.

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There is more to consider: A reasonable attorney’s fee is first determined by the lodestar

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method, which “multiplies an attorney’s reasonable hourly rate by the number of hours

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reasonably expended on the litigation.” Shayler v. 1310 PCH, LLC, 51 F.4th 1015, 1020 (9th

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Cir. 2022). Second, “the court determines whether to modify the lodestar figure, upward or

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downward, based on factors not subsumed in the lodestar figure.” Kelly v. Wengler, 822 F.3d

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1085, 1099 (9th Cir. 2016). Those factors include: (1) the time and labor required, (2) the

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novelty and difficulty of the questions involved, (3) the skill requisite to perform the legal

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service properly, (4) the preclusion of other employment by the attorney due to acceptance of the

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case, (5) the customary fee, (6) whether the fee is fixed or contingent, (7) time limitations

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imposed by the client or the circumstances, (8) the amount involved and the results obtained, (9)

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the experience, reputation, and ability of the attorneys, (10) the ‘undesirability’ of the case, (11)

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the nature and length of the professional relationship with the client, and (12) awards in similar

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ORDER GRANTING MOTION TO REMAND - 3

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cases. Kerr v. Screen Extras Guild, Inc., 526 F.2d 67, 69–70 (9th Cir. 1975)(abrogated on other

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grounds by City of Burlington v. Dague, 505 U.S. 557 (1992)). These factors are consistent with

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Washington Rule of Professional Conduct 1.5. Mr. Thompson overlooks those fee

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considerations.

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What is missing from Mr. Thompson's estimate that might affect his lodestar? Would the

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amount involved, $10,000.00, likely result in a reduction in the fee to be charged, based on

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handing the case to a low-paid associate? Similarly, the experience, reputation, and ability of

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counsel required does not seem to call for the most experienced and able counsel. No similar

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awards in similar cases are offered. The time and labor required remain in issue. These

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outstanding issues, and Mr. Thompson's estimates, offered with nothing more than his

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experience, leads this Court to conclude that Mr. Thompson's estimate, based on his conclusory

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allegations, is not credible nor believable as applied to this case. This Court should disregard his

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conclusion. The amount in controversy proven, therefore, is not above the jurisdictional amount

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of $75,000.00.

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It appears that Defendant's showed an objectively reasonable basis for seeking removal

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(Mr. Thompson's Declaration, Dkt. 9) even though the Court found it not credible. Fees under

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28 U.S.C. § 1447(c) are not awardable.

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Accordingly, it is now ORDERED:

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Plaintiff's Motion to Remand (Dkt. 6) is hereby GRANTED; and it is further

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ORDERED that this matter is hereby remanded to the Superior Court in and for Pierce

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County, Washington.
The Clerk is directed to send uncertified copies of this Order to all counsel of record and
to any party appearing pro se at said party’s last known address.

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ORDER GRANTING MOTION TO REMAND - 4

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Dated this 27th day of March, 2024.

A
ROBERT J. BRYAN
United States District Judge

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ORDER GRANTING MOTION TO REMAND - 5