Edgecombe v. Lowes Home Ctrs., L.L.C.
Edgecombe v. Lowes Home Ctrs., L.L.C.
Opinion of the Court
THIS CAUSE is before the Court on Plaintiffs' Motion to Remand [DE 10], filed herein on May 7, 2019. The Court has carefully considered the Motion [DE 10], the Response [DE 13], the Reply [DE 15], the record in this case, and is otherwise fully advised of the premises.
I. Background
On April 8, 2019, Defendants removed this case from the Circuit Court of the Seventeenth Judicial Circuit in and for Broward County, Florida to the United States District Court for the Southern District of Florida. [DE 1]. On May 7, 2019, Plaintiffs filed the instant Motion to Remand [DE 10]. The Court has considered the Motion to Remand [DE 10], the Response [DE 13], the Reply [DE 15], and is otherwise fully advised in the premises.
According to the Complaint [DE 1-1], Plaintiffs in this case are Leslie Edgecombe ("Edgecombe"), Gabriel Berry ("Berry"), and Mark Diab ("Diab"). All are citizens of Florida. Defendants are Lowes Home Centers, L.L.C. ("Lowes"), a citizen of North Carolina qualified to do business in Florida, and Paul Laurent ("Laurent"), a citizen of Florida [DE 1-1].
Plaintiffs were all black males employed by Lowes in various management capacities and in various South Florida locations. [DE 1-1]. Plaintiffs allege that Defendants "together perpetrated a pattern or practice of discrimination with respect [to] employment decisions concerning black store managers and other managers in Broward County, as to which all of the Plaintiffs were victimized." Id. at ¶ 19.
There are twelve Lowes stores in the South Florida Market. Id. at ¶ 24. Of the twelve store managers in the market, four were black. Id. at ¶ 30. In 2013, Lowes replaced the presiding South Florida market manager, the district manager over the twelve South Florida stores, with Jerry Hair ("Hair"). Id. at ¶ 32. Plaintiffs allege that Hair "simply did not like blacks and was obsessed with removing them from their leadership positions and ultimately from employment with [Lowes]." Id. at ¶ 33. Plaintiffs allege that Hair, with the support of Lowes, sought to "eliminate from employment as many black managers as he could in the South Florida market as quickly as he could by creating pretextual reasons for each of their respective terminations." Id. at ¶ 34.
Specifically, Hair began investigating, criticizing, and "writing-up" a black store manager at the Sunrise location. Id. at ¶¶ 37, 42. He asked her to voluntarily step down from her position, and when she did not, he eventually terminated her. Id. at ¶¶ 44, 47. Hair followed a similar protocol with other black managers in the area. The Coral Springs store had a black manager, Yvon Senat ("Senat"), and a black assistant manager, Gabriel Berry; Hair transferred Berry to the Sunrise store because Hair stated there were "too many black managers" in the Coral Springs Store. Id. at ¶ 103. Berry was eventually fired in *1146September 2015 "for pretextual reasons." Id. at ¶ 180. Senat had a series of negative interactions with Hair and complained of racial discrimination to others within the company, and to the Florida Commission on Human Relations ("FCHR"); Senat was fired by Hair on April 16, 2014. Id. at ¶ 130.
Diab was hired in March 2014 as a Market Sales Manager for the entire market and filed a charge of discrimination against Lowes in July 2015. Id. at ¶ 209. He was terminated in October 2015 despite his high ranking by Lowes. Id. at ¶ 215.
Edgecombe had been a store manager for about eight years before Hair arrived and began harassing Edgecombe. Id. at ¶ 142. Edgecombe filed a charge of discrimination in January 2015. Id. at ¶ 176. In August 2015, Hair was transferred out of the South Florida market and replaced by Laurent who continued the same discriminatory practices until terminating Edgecombe in September 2016. Id. at ¶¶ 182, 201.
Each of these plaintiffs allege discrimination and infliction of emotional distress by Lowes, in violation of the Florida Civil Rights Act of 1992 ("FCRA"). Florida Statutes § 760.01 et seq. ; [DE 1-1] at ¶ 286. Additionally, they all allege retaliation by Lowes under the FCRA for engaging in the protected activity of complaining about unlawful racial discrimination. Id. at ¶ 291. Edgecombe alone alleges negligent infliction of emotional distress ("NIED") against Lowes and Laurent. Id. at ¶ 299. All Plaintiffs assert a claim of outrage or intentional infliction of emotional distress ("IIED") against Lowes, and Edgecombe asserts this claim against Laurent, as well. Id. at ¶ 305. Finally, Edgecombe asserts a claim against all Defendants alleging he was not paid the minimum wage to which he was entitled for the extra hours he worked, Id. at ¶¶ 311-314, and was retaliated against for his complaints about these wage violations, Id. at ¶ 318. The Complaint sets forth no specific calculation of damages, but only the following general list of damages:
compensation for past pecuniary losses, including back pay with pre-judgment interest and lost benefits, in amounts to be proven at trial; compensation for future pecuniary losses, including front pay, in amounts to be proven at trial; compensation for non-pecuniary losses, including emotional pain, suffering, mental anguish, loss of enjoyment at work, and humiliation, in amounts to be proven at trial; punitive damages for Defendants' malicious and/or reckless conduct, in amounts to be proven at trial; compensation for lost future earnings capacity; attorneys' fees and costs in this action.
See Id. at p. 39-53.
Defendants removed to Federal Court alleging diversity jurisdiction. Defendants assert that complete diversity exists based on Edgecombe's alleged fraudulent joinder of Laurent. [DE 1]. Further, they argue that the amount in controversy is exceeded for each plaintiff individually. [DE 1] at ¶¶ 17-18. Plaintiffs filed the instant Motion to Remand [DE 10] arguing that the federal court does not have diversity jurisdiction, as there was no fraudulent joinder and the amount in controversy has not been proven to exceed $75,000. See Williams v. Best Buy Co. ,
*1147Plaintiffs' Motion to Remand [DE 10] is granted.
II. Standard of Review
Federal courts are of limited jurisdiction. See Kokkonen v. Guardian Life Ins. Co. of Am. ,
Under § 1332(a), federal district courts have original jurisdiction over civil actions between citizens of different states and where the amount in controversy "exceeds the sum or value of $75,000, exclusive of interest and costs."
To establish fraudulent joinder on the part of Edgecombe, Defendants must show: (1) there is no possibility Edgecombe can establish a cause of action against Laurent; (2) Edgecombe has fraudulently pled jurisdictional facts; or (3) that there is no joint, several, or alternative liability between the diverse and non-diverse defendants and that the claims against the diverse defendants have no real connection to the claim against Laurent. Triggs v. John Crump Toyota, Inc. ,
The standard for evaluating whether the plaintiff can establish a cause of action against the resident defendant is very lenient: federal courts are not to weigh the merits of a plaintiff's claim beyond determining whether it is an arguable one under state law. If there is even a possibility that a state court would find that the complaint states a cause of action against any one of the resident defendants, the federal court must find that the joinder was proper and remand the case to the state court.
Johnson v. Bank of Am., N.A. ,
*1148Crowe v. Coleman ,
III. Discussion
A. Amount in Controversy
Plaintiffs argue that Defendants' conclusory allegations that the subject matter of the lawsuit exceeded $75,000 were inadequate. The Complaint includes claims for NIED, IIED, and violation of the FCRA through retaliation and race discrimination. [DE 1-1]. The Complaint merely alleges that the damages in this action exceed $15,000, and includes the aforementioned list of damages. Id. at ¶ 2. Plaintiffs also argue that there has been no fraudulent joinder of Laurent, and therefore complete diversity does not exist.
It is not "facially apparent" from the Complaint that the amount in controversy exceeds $75,000; accordingly, the Court turns to the Notice of Removal. See Williams ,
Here, Defendants' statement of damages as to Counts I and II under the FCRA derives from back pay, front pay, compensatory damages such as emotional pain, suffering, mental anguish, loss of enjoyment of work, humiliation, and lost future earnings capacity, punitive damages, and attorneys' fees. [DE 1] at ¶ 19. Defendants argue that the amount of damages Plaintiffs seek not only exceeds $15,000, but also that each Plaintiff's individual back pay claim alone would easily exceed $75,000 based on their annual salaries at the time of termination. Id. at ¶ 19-23. Defendants further contend that, because the FCRA expressly allows courts to award punitive damages up to $100,000, as well as attorneys' fees, compensatory damages, and costs in an unlimited amount, these potential remedies should also be included in calculating the amount in controversy. Id. at 23. As to Counts III and IV, Defendants claim that, based on the allegations in the Complaint, it is facially apparent that the claims exceed $75,000 in damages. Id. at 26-27.
Plaintiffs were terminated on or about September 30, 2016, September 1, 2015, and October 26, 2015, respectively. See [DE 1-1] at ¶¶ 201, 258, 280. The case was removed on April 8, 2019. Defendants did not calculate a specific amount of back pay based on Plaintiffs' salaries, but rather alleged that the amount would easily exceed $75,000. The record evidence is that Plaintiffs' salaries were $114,031.59, $82,720.00, and $65,561.60 at the time of termination; the Court cannot find that these salaries would be insufficient to establish an amount in controversy exceeding $75,000.
B. Fraudulent Joinder
To establish fraudulent joinder on the part of Edgecombe, Defendants must show: (1) there is no possibility Edgecombe can establish a cause of action against Laurent; (2) Edgecombe has fraudulently pled jurisdictional facts; or (3) that there is no joint, several, or alternative liability between the diverse and non-diverse defendants and that the claims against the diverse defendants have no real connection to the claim against Laurent.
*1149Triggs ,
Here, Defendants contend that fraudulent joinder is demonstrated because there is no possibility that Edgecombe can establish a cause of action against Laurent. However, the Court finds that fraudulent joinder is not established because there exists a possibility Edgecombe can establish a cause of action against Laurent through his retaliation claim.
Edgecombe brings claims against Laurent for violation of the minimum wage requirement and prohibition on retaliation under the Florida Constitution Article 10, § 24 (c). Defendants argue that Edgecombe's minimum wage and wage retaliation claims are factually impossible and legally precluded. The Court finds that, regardless of whether Edgecombe can succeed on his minimum wage violation claim, it is possible a state court would find he states a cause of action for retaliation.
In order to succeed on a claim for wage retaliation, Edgecombe must establish a prima facie case of FLSA and, therefore, FMWA retaliation.
*1150Kasten v. Saint-Gobain Performance Plastics Corp. ,
The second requirement of a protected activity is an "objectively reasonable, good faith belief that the employer's conduct is unlawful." Perez , No. 10-61203,
Here, Edgecombe claims to subjectively, and in good faith, believe Defendants engaged in unlawful practices regarding failure to pay minimum wage, and the Court cannot find that Edgecombe did not have an objectively reasonable and good faith belief that Defendants' conduct, as his employer, was unlawful. Edgecombe alleges that, within the last four years of his employment, he complained to Defendants about having to work hours without compensation. [DE 1-1] at ¶ 317. He alleges that these complaints were in good faith because he was not paid for certain hours worked, in violation of the Florida Constitution.
IV. Conclusion
For the foregoing reasons, the Court finds joinder was proper because there exists a possibility Edgecombe can establish a cause of action against Laurent in regard to his retaliation claim.
Accordingly, it is ORDERED AND ADJUDGED that the Motion to Remand [DE 10] is granted. The Clerk is directed to REMAND this case to state court, CLOSE this case, and DENY all pending motions as moot.
*1151DONE AND ORDERED in Chambers at Fort Lauderdale, Broward County, Florida, this 12th day of July, 2019.
Defendants allege only the first part of the Triggs standard, which states that defendants must show there is no possibility the plaintiff can establish a cause of action against the resident defendant. Therefore, the Court will conduct its analysis based on that part only.
The Florida Constitution and Florida Minimum Wage Act ("FMWA") adopt the meanings promulgated by the Federal Labor Standards Act ("FLSA"). The Eleventh Circuit has held that "the Wage Amendment makes plain that employees receive the same protection under state law that they enjoy under the [FLSA]." Anagnos v. Nelsen Residence, Inc. ,
Reference
- Full Case Name
- Leslie EDGECOMBE, Gabriel Berry, and Mark Diab v. LOWES HOME CENTERS, L.L.C., a North Carolina corporation qualified to do business in the State of Florida, and Paul Laurent, an individual
- Cited By
- 3 cases
- Status
- Published