Zuniga v. Masse Contracting, Inc.
Zuniga v. Masse Contracting, Inc.
Opinion of the Court
Before the Court is Defendants' Motion to Dismiss (Doc. 28). For the following reasons, the Motion is GRANTED IN PART.
BACKGROUND
Plaintiffs Luis-Alberto Zeron Zuniga and Ubence Meza-Orellana allege that they were recruited by Defendant Four Star Enterprises, LLC in Honduras under a visa program to be welders in the United States. After paying for the visa and arriving in the United States, however, Plaintiffs allege that they were trafficked to Defendant Masse Contracting, Inc. ("Masse") to work as general laborers. They allege that they were housed by Masse and that room, board, and transportation were deducted from their pay-bringing their pay below minimum wage. They also allege that they were paid separately by subcontractors in order to avoid overtime pay.
In addition, Plaintiffs allege that they sustained physical injuries during their time working for Masse. First, they allege that while demolishing a World War II era Navy Destroyer at Defendant Bollinger Shipyards, LLC, they were exposed to asbestos. They allege they were not given any protective gear while doing this dangerous work and now fear contracting mesothelioma. Second, each Plaintiff alleges that he was injured in separate accidents while working on the destroyer. Zuniga alleges that he suffered an injury to his knee and back on August 17, 2015. Meza-Orellana alleges that he suffered a head injury, which resulted in a concussion and brain injury, while working aboard the destroyer on August 21, 2015.
Plaintiffs bring claims under the Trafficking Victims Protection Reauthorization Act of 2003 ("TVPA"), the Louisiana Victims of Human Trafficking Act *584("LVHTA"), and the Fair Labor Standards Act ("FLSA"). Plaintiffs also bring claims for civil rights conspiracy under
LEGAL STANDARD
To survive a Rule 12(b)(6) motion to dismiss, a plaintiff must plead enough facts "to state a claim for relief that is plausible on its face."
LAW AND ANALYSIS
Defendants assert arguments for dismissal of each of Plaintiffs' claims. This Court will address each claim in turn.
A. State Law Negligence and Intentional Torts
First, Defendants argue that Plaintiffs cannot succeed on their claims of workplace injury because the Louisiana Worker's Compensation statute is their exclusive remedy for negligence-based workplace injuries.
*585Plaintiffs contend that their claims for workplace injury fall within the intentional act exception of Louisiana's worker's compensation law.
The Louisiana Supreme Court has stated that:
"Substantially certain to follow" requires more than a reasonable probability that an injury will occur and "certain" has been defined to mean "inevitable" or "incapable of failing." [A]n employer's mere knowledge that a machine is dangerous and that its use creates a high probability that someone will eventually be injured is not sufficient to meet the "substantial certainty" requirement. Further, mere knowledge and appreciation of a risk does not constitute intent, nor does reckless or wanton conduct by an employer constitute intentional wrongdoing.12
Plaintiffs' Complaint alleges that, "Defendants knew or should have known that the working conditions at Bollinger would result in the injuries sustained and Defendants consciously chose to place Plaintiffs in harms [sic] way."
B. FLSA
Defendants next argue that Plaintiffs' Complaint fail to state an FLSA claim. In order to state a claim for unpaid overtime or minimum wages under the FLSA, a plaintiff must plead: "(1) that there existed an employer-employee relationship during the unpaid ... periods claimed; (2) that the employee engaged in activities within the coverage of the FLSA;
*586(3) that the employer violated the FLSA's overtime or minimum wage requirements; and (4) the amount of overtime or minimum wage compensation due."
"Allegations of a complaint must be sufficient to 'give the defendant fair notice of what the ... claim is and the grounds upon which it rests.' "
Plaintiffs' allegations, however, are insufficient to satisfy these requirements. Plaintiffs do not allege a date range for which Plaintiffs worked, an approximation of the hours for which they were not compensated, or any instance in which they recall not being paid overtime. In Plaintiffs' Complaint, they allege both that they were paid $12.00 per hour and that they were paid minimum wage. In addition, Plaintiffs' Complaint does not allege which Defendant they consider to be their employer and whether that entity is subject to the provisions of the FLSA. Accordingly, these allegations are insufficient to put Defendants on notice regarding Plaintiffs' FLSA claims, and those claims are therefore dismissed.
C. Conspiracy under § 1985
Next, Defendants move for dismissal of Plaintiffs' claims for conspiracy under
(1) a conspiracy involving two or more persons;
(2) for the purpose of depriving, directly or indirectly, a person or class of persons of the equal protection of the laws; and
(3) an act in furtherance of the conspiracy;
(4) which causes injury to a person or property, or a deprivation of any right or privilege of a citizen of the United States.20
"In doing so the plaintiff must show that the conspiracy was motivated by a class-based *587animus."
Defendants argues that Plaintiffs have failed to adequately plead a claim of conspiracy under
Plaintiffs' Complaint states that, "Defendants formed a conspiracy to solicit individuals of Hispanic Descent ... to use them in an illegal forced labor scheme."
D. Race Discrimination under
Next, Defendants allege that Plaintiffs' Complaint fails to state a claim under
As Defendants correctly point out, a claim for national origin discrimination is not cognizable under § 1981.
Defendants argue that Plaintiffs have failed to state a claim for racial discrimination under § 1981 because they do not allege any specific acts of discrimination.
*588The allegations of the Complaint, when read in a light most favorable to Plaintiffs, are that Plaintiffs were targeted because of their Hispanic descent and brought to the United States under false pretenses to be used as forced labor and placed in dangerous working conditions. These allegations are sufficient to state a claim for racial discrimination under § 1981, however, Plaintiffs' claims for national origin discrimination are dismissed.
E. Trafficking Victims Protection Act
Defendants next seek dismissal of Plaintiffs' claims under the TVPA because they fail to allege sufficient facts to show involuntary servitude or forced labor. Plaintiffs bring suit under
(1) by means of force, threats of force, physical restraint, or threats of physical restraint to that person or another person;
(2) by means of serious harm or threats of serious harm to that person or another person;
(3) by means of the abuse or threatened abuse of law or legal process; or
(4) by means of any scheme, plan, or pattern intended to cause the person to believe that, if that person did not perform such labor or services, that person or another person would suffer serious harm or physical restraint.
Plaintiffs' Complaint does not contain an allegation of force, threats, restraint, or fear that they believed they would suffer retribution of any kind for their failure to perform labor. Accordingly, Plaintiffs have failed to state a necessary element to maintain an action under the TVPA, and those claims are dismissed.
F. Louisiana Victims of Human Trafficking Act
Defendants next move for dismissal of Plaintiffs' claims under the LVHTA. Louisiana Revised Statutes § 46:2163 provides a state law cause of action for victims of human trafficking. Louisiana Revised Statutes § 14:46.2 makes it unlawful "[f]or any person to knowingly recruit, harbor, transport, provide, solicit, receive, isolate, entice, obtain, or maintain the use of another person through fraud, force, or coercion to provide services or labor." Defendants argue that Plaintiffs fail to assert a claim under this statute because they do not allege that they were recruited under "fraud, force, or coercion" as required by the statute. The statute defines "fraud, force, or coercion" as including the following:
(a) Causing or threatening to cause serious bodily injury.
(b) Physically restraining or threatening to physically restrain another person.
(c) Abduction or threatened abduction of an individual.
(d) The use of a plan, pattern, or statement with intent to cause an individual to believe that failure to perform an act will result in the use of force against, abduction of, serious harm to, or physical restraint of an individual.
*589(e) The abuse or threatened abuse of law or legal process.
(f) The actual or threatened destruction, concealment, removal, confiscation, or possession of any actual or purported passport or other immigration document, or any other actual or purported government identification document, of another person.
(g) Controlling or threatening to control an individual's access to a controlled dangerous substance as set forth in R.S. 40:961 et seq.
(h) The use of an individual's physical or mental impairment, where such impairment has substantial adverse effects on the individual's cognitive or volitional functions.
(i) The use of debt bondage or civil or criminal fraud.
(j) Extortion as defined in R.S. 14:66.31
Plaintiffs' Complaint does not allege that Defendants engaged in any of the aforementioned acts in soliciting them to come to the United States to work. Rather, Plaintiffs contend that they were solicited to the United States under a legal work visa program to work as welders. Although Plaintiffs allege that upon their arrival they worked as general laborers, solicitation under false pretenses does not rise to the level of "fraud, force, or coercion" as defined in the LVHTA. Accordingly, Plaintiffs have failed to state a claim under the LVHTA, and those claims are dismissed.
G. Craig Masse
Finally, Defendants move for dismissal of the claims against Defendant Craig Masse. Plaintiffs have not alleged any acts taken personally by Craig Masse or that Craig Masse is a member or officer in any of the defendant entities. Accordingly, Plaintiffs have not pled a claim against Craig Masse, and he is dismissed from this action.
CONCLUSION
For the foregoing reasons, all of Plaintiffs' claims against all Defendants are dismissed with prejudice, save their claim for race discrimination under
Plaintiffs were previously granted leave to amend the deficiencies of their Complaint and have failed to do so. Accordingly, additional leave is not granted.
Ashcroft v. Iqbal,
Lormand v. U.S. Unwired, Inc.,
Iqbal ,
Lormand ,
Collins v. Morgan Stanley Dean Witter,
See La. Rev. Stat. § 23:1032 ("Except for intentional acts provided for in Subsection B, the rights and remedies herein granted to an employee or his dependent on account of an injury, or compensable sickness or disease for which he is entitled to compensation under this Chapter, shall be exclusive.").
See
Reeves v. Structural Pres. Sys.,
Doc. 24.
See Frank v. Shell Oil Co.,
Reeves ,
Mejia v. Brothers Petroleum, LLC, No. 12-2842,
Kidwell v. Dig. Intelligence Systems, LLC, No. 13-4064,
England v. Adm'rs of the Tulane Educ. Fund, No. 16-3184,
See Hoffman v. Cemex, Inc., No. 09-3144,
Randle v. Tregre,
Doc. 24.
Doc. 24.
Holdiness v. Stroud,
Mays v. Bd. of Comm'rs Port of New Orleans, No. 14-1014,
McAfee v. 5th Circuit Judges,
Doc. 24.
See Saint Francis Coll. v. Al-Khazraji,
Pisharodi v. Valley Baptist Med. Ctr.,
La. Rev. Stat. § 14:46.2.
"[U]nless futile, courts generally allow one chance to amend deficient pleadings before dismissing with prejudice." Buc-ee's, Ltd. v. Bucks, Inc.,
Reference
- Full Case Name
- Luis Alberto Zeron ZUNIGA v. MASSE CONTRACTING, INC.
- Cited By
- 1 case
- Status
- Published