In re Geico Telephone Claim Representatives Fair Labor Standards Act (FLSA) & Wage & Hour Litigation , 223 F. Supp. 3d 1334 ( 2016 )


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  • ORDER DENYING TRANSFER

    Sarah S. Vance, Chair

    Before the Panel: Defendant Government Employees Insurance Company (GEICO) moves under 28 U.S.C. § 1407 to centralize pretrial proceedings in this litigation in the Eastern District of New York. This litigation consists of 149 actions pending in two districts, as listed on Schedule A. All plaintiffs oppose centralization of these actions.

    On the basis of the papers filed and hearing session held, we conclude that centralization is not necessary for the convenience of the parties and witnesses or to further the just and efficient conduct of the litigation. These actions share allegations that GEICO fails to pay its telephone claim representative (TCR) employees wages for overtime in violation of the Fair Labor Standards Act. But the disparate procedural posture of these cases suggests that centralization would not result in an efficient outcome for this litigation. The 148 actions pending in the Eastern District of New York stem from the decertification of a collective action that has been pending since 2009. See Harper v. GEICO, C.A. No. 2:09-2254 (E.D.N.Y.). The parties to that action engaged in common discovery and pretrial motions practice, and a trial in Harper was scheduled to begin in September 2016. That action, along with the 148 actions that stem from it, now has been stayed pending mediation among all the Eastern District of New York plaintiffs and GEICO. In contrast, the Eastern District of Virginia Clinton action is in its nascent stages.

    *1335GEICO argues that a decision on certification of a collective action in the Eastern District of Virginia Clinton action could conflict with the decertification ruling in the Harper action. But Clinton proposes a much narrower collective class of TCRs limited to GEICO’s .Virginia Beach, Virginia location, than the decertified Harper action, which proposed a collective class of all TCRs employed by GEICO nationwide. Further, while Clinton will require pretrial motion practice regarding certification of a collective class, the individual actions in the Eastern District of New York will not, further increasing the procedural disparity among the actions. Given the advanced state of proceedings in those individual actions, that all actions are before two judges, and that there are only two groups of plaintiffs’ counsel in all actions, informal coordination of the new Eastern.District of Virginia action with the actions pending in the Eastern District of New York is feasible and a preferable alternative to centralization. See In re: Dollar Tree Stores, Inc., Fair Labor Standards Act (FLSA) & Wage & Hour Litig., 829 F.Supp.2d 1376, 1377 (J.P.M.L. 2011).

    IT IS THEREFORE ORDERED that the motion for centralization of these actions is denied.

    SCHEDULE A

    MDL No. 2746 — IN RE: GEICO TELEPHONE CLAIM REPRESENTATIVES FAIR LABOR STANDARDS ACT (FLSA) AND WAGE AND HOUR LITIGATION

    Eastern District of New York

    ALGEA v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, C.A. No. 2:16-01787
    AULOV v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, C.A. No. 2:16-01788
    SCHOLL v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, C.A. No. 2:16-01807
    TENNENT v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, C.A. No. 2:16-01809
    BEHM v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, C.A. No. 2:16-01816
    BERNARD v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, C.A. No. 2:16-01817
    BROUSSARD v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, C.A. No. 2:16-01827
    DAVIS v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, C.A. No. 2:16-01834
    DANIELS v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, C.A. No. 2:16-01854
    BUTCHER v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, C.A. No. 2:16-01860
    CARACCIOLA v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, C.A. No. 2:16-01863
    CLINE v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, C.A. No. 2:16-01874
    BANK v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, C.A. No. 2:16-01970
    CARR v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, C.A. No. 2:16-01971
    CHAMBERS v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, C.A. No. 2:16-01972
    COPELAND v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, C.A. No. 2:16-01974
    *1336CURRAN v. GOVERNMENT EMPLOYEES INSURANCE COMPANY CA. No. 2:16-01976
    CROSBY v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, C.A. No. 2:16-01977
    DAVIS v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, C.A. No. 2:16-01981
    DEGOUVILLE v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, C.A. No. 2:16-01983
    BOARD v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, C.A. No. 2:16-01990
    DEAN v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, C.A. No. 2:16-01991
    DEODENE v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, C.A. No. 2:16-02076
    EVANS v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, C.A. No. 2:16-02078
    FLOYD v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, C.A. No. 2:16-02081
    FULLER v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, C.A. No. 2:16-02088
    GRIFFITH v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, C.A. No. 2:16-02084
    HARVIN v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, C.A. No. 2:16-02086
    HATTON v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, C.A. No. 2:16-02088
    HAYES v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, C.A. No. 2:16-02092
    BAKER v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, C.A. No. 2:16-02127
    EISENBERG v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, C.A. No. 2:16-02129
    IEZZA v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, C.A. No. 2:16-02131
    JACOBS v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, C.A. No. 2:16-02132
    JEDLICA v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, C.A. No. 2:16-02135
    JOHNSON v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, C.A. No. 2:16-02136
    KELLY v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, C.A. No. 2:16-02138
    KUEHL v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, C.A. No. 2:16-02140
    KUROV v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, C.A. No. 2:16-02142
    LAUER v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, C.A. No. 2:16-02147
    PICKETT v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, C.A. No. 2:16-02160
    DRAPER MALLORY v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, C.A. No. 2:16-02160
    HER v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, C.A. No. 2:16-02161
    HERNANDEZ v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, C.A. No. 2:16-02162
    HOYT v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, C.A. No. 2:16-02168
    *1337HUNT v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, C.A. No. 2:16-02169
    McCORMICK v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, C.A. No. 2:16-02173
    MECABE v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, C.A. No. 2:16-02174
    SAUNDERS v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, C.A. No. 2:16-02181
    CALDERON v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, C.A. No. 2:16-02200
    McFADDEN v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, C.A. No. 2:16-02202
    FELICIANO v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, C.A. No. 2:16-02237
    FIGERT v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, C.A. No. 2:16-02242
    HARRIS v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, C.A. No. 2:16-02246
    HODGES v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, C.A. No. 2:16-02248
    HARNED v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, C.A. No. 2:16-02306
    HUFF v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, C.A. No. 2:16-02308
    HUTTO v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, C.A. No. 2:16-02310
    LUPO v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, C.A. No. 2:16-02341
    MAGUIRE v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, C.A. No. 2:16-02344
    MARLAR v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, C.A. No. 2:16-02347
    MATTHEWS v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, C.A. No. 2:16-02351
    McCarthy v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, C.A. No. 2:16-02352
    MORROW v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, C.A. No. 2:16-02355
    NYILAS v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, C.A. No. 2:16-02358
    PATTERSON v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, C.A. No. 2:16-02361
    BENJAMIN v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, C.A. No. 2:16-02406
    BOWLIN v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, C.A. No. 2:16-02415
    MYERS v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, C.A. No. 2:16-02416
    PELLER v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, C.A. No, 2:16-02421
    NELSON v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, C.A. No. 2:16-02423
    RAK v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, C.A. No. 2:16-02424
    ROBERTS v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, C.A. No. 2:16-02426
    ROSS v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, C.A. No. 2:16-02428
    *1338JOSEPH v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, CA. No. 2:16-02443
    LEWIS-LAROSSA v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, C.A. No. 2:16-02444
    MADISON-CONNER v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, C.A. No. 2:16-02446
    MORALES v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, C.A. No. 2:16-02448
    SCOTT v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, C.A. No. 2:16-02451
    SIMPKIN v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, C.A. No. 2:16-02667
    SKELTON v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, C.A. No. 2:16-02701
    SMITH v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, C.A. No. 2:16-02702
    SMITH v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, C.A. No. 2:16-02704
    SMITH v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, C.A. No. 2:16-02705
    KIRKLAND v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, C.A. No. 2:16-02734
    McCUMBER v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, C.A. No. 2:16-02736
    SOMRA v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, C.A. No. 2:16-02738
    SPENCER v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, C.A. No. 2:16-02739
    SULLIVAN v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, C.A. No. 2:16-02761
    TANNER v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, C.A. No. 2:16-02764
    TORRES v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, C.A. No. 2:16-02766
    VAN ORDEN v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, C.A. No. 2:16-02767
    VELEZ v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, C.A. No. 2:16-02768
    VOTTO v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, C.A. No. 2:16-02776
    WAISOME v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, C.A. No. 2:16-02778
    WARD v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, C.A. No. 2:16-02779
    WELDON v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, C.A. No. 2:16-02782
    SCHOTT v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, C.A. No. 2:16-02832
    BANWARTH v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, C.A. No. 2:16-02882
    ERDODY v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, C.A. No. 2:16-02884
    HILL v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, C.A. No. 2:16-02886
    ISAAC v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, C.A. No. 2:16-02887
    KNOECK v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, C.A. No. 2:16-02889
    *1339RUTH v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, C.A. No. 2:16-02891
    SIMMONS v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, C.A. No. 2:16-02898
    TRUONG v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, C.A. No. 2:16-02900
    WEST v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, C.A. No. 2:16-02902
    WHITELY v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, C.A. No. 2:16-02903
    WILLIAMS v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, C.A. No. 2:16-02904
    WILLIAMS v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, C.A. No. 2:16-02912
    WINTERS v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, C.A. No. 2:16-02915
    WRIGHT v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, C.A. No. 2:16-02916
    YOUNG v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, C.A. No 2:16-02917
    ZINNO v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, C.A. No. 2:16-02918
    RICKARDS v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, C.A. No. 2:16-02962
    POTTINGER v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, C.A. No. 2:16-02965
    MIDDLEBROOKS v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, C.A. No. 2:16-03003
    MULLINS v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, C.A. No. 2:16-03005
    NAZARI v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, C.A. No. 2:16-03007
    AKERS v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, C.A. No. 2:16-03030
    ANDERSON v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, C.A. No. 2:16-03031
    DUBE v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, C.A. No. 2:16-03032
    GREER v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, C.A. No. 2:16-03041
    HERNANDEZ v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, C.A. No. 2:16-03044
    KEGHLIAN v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, C.A. No. 2:16-03046
    RILEY DIXON v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, C.A. No. 2:16-03047
    NESMITH v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, C.A. No. 2:16-03055
    NOMIKOS v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, C.A. No. 2:16-03056
    OBLAK v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, C.A. No. 2:16-03088
    RODRIGUEZ v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, C.A. No. 2:16-03091
    ROMERO v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, C.A. No. 2:16-03104
    SALIM v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, C.A. No. 2:16-03106
    *1340TILLMAN v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, CA. No. 2:16-03109
    YANCEY v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, C.A. No. 2:16-03111
    FORESMAN v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, C.A. No. 2:16-03194
    ACOSTA v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, C.A. No. 2:16-03196
    HOFFMAN v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, C.A. No. 2:16-03198
    McDonald v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, C.A. No. 2:16-03200
    ATKINSON v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, C.A. No. 2:16-03204
    MICHALIC v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, C.A. No. 2:16-03280
    MORGAN v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, C.A. No. 2:16-03281
    NANCE v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, C.A No. 2:16-03286
    O’MALLEY v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, C.A No. 2:16-03289
    RAMSEY v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, C.A. No. 2:16-03304
    MAY v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, C.A. No. 2:16-03307
    SOTO v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, C.A. No. 2:16-03308
    WHIDDON v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, C.A. No. 2:16-03309
    DOLFO v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, C.A. No. 2:16-03312

    Eastern District of Virginia

    CLINTON, ET AL. v. GOVERNMENT EMPLOYEES INSURANCE COMPANY, C.A. No. 2:16-00430

Document Info

Docket Number: MDL No. 2746

Citation Numbers: 223 F. Supp. 3d 1334, 2016 U.S. Dist. LEXIS 172577, 2016 WL 7221105

Judges: Breyer, Chair, Huvelle, Kaplan, Marjorie, Perry, Proctor, Rendell, Vance

Filed Date: 12/7/2016

Precedential Status: Precedential

Modified Date: 10/18/2024