United States District Court, N.D. Alabama, Middle Division
MEMORANDUM OPINION AND ORDER
VIRGINIA EMERSON HOPKINS UNITED STATES DISTRICT JUDGE
INTRODUCTION AND PROCEDURAL HISTORY
Equal Employment Opportunity Commission (the "EEOC"
or the "Commission"), brings this civil action
"on behalf of Oscar Corzo, Jorge Mercado, and a class of
at least eight other Charging Parties and aggrieved
individuals" (the "Claimants"). (Doc. 1 at 1).
In the original Complaint, the EEOC named Labor Solutions of
Alabama, LLC ("LSA") as the Defendant and contended
that it "was formed to assume the business operations
previously performed by" a company named East Coast
Labor Solutions, LLC ("East Coast"). (Doc. 1 at 2).
In that original Complaint, the EEOC also claimed that
East Coast: "subjected Claimants to
discriminatory treatment based on their national origin,
" in violation of Title VII of the Civil Rights Act of
1964, 42 U.S.C. §§ 2000e through 2000e-17
("Title VII") (doc. 1 at 1); and "failed to
accommodate [the Claimant's] disabilities" in
violation of the Americans with Disabilities Act, 42 U.S.C.
§§ 12101-12213 (the "ADA"). (Doc. 1 at
February 3, 2017, LSA moved to dismiss the Complaint
"pursuant to Federal Rule of Civil Procedure 12(b)(1)
or, alternatively, Federal Rule of Civil Procedure
12(b)(6)." (Doc. 14 at 1). In a lengthy opinion, this
Court granted that motion, finding that "the EEOC . . .
failed to plausibly allege that LSA is the successor to East
Coast, " and that the EEOC failed to exhaust
administrative prerequisites to filing suit. Equal
Employment Opportunity Comm'n v. Labor Sols, of
ALLLC, 242 F.Supp.3d 1267, 1282, 1284 (N.D. Ala. 2017)
(Hopkins, J.). However, the Court allowed the EEOC to file an
Amended Complaint "which cures the deficiencies noted
herein." Labor Sols., 242 F.Supp.3d at 1284.
April 18, 2017, the EEOC filed an Amended Complaint. (Doc.
36). On April 18, 2017, this Court struck the Amended
Complaint, which had, without leave of Court, or written
permission of the opposing parties, added three new
Defendants: East Coast Labor Solutions, LLC ("East
Coast"); Labor Solutions, LLC ("LS"), and East
Coast Labor Solutions of West Virginia, LLC ("East Coast
WV"). (Doc. 36 at I).
1, 2017, the EEOC filed a Motion for Leave To File (doc. 38)
(the "Motion") the stricken Amended Complaint. For
the reasons stated herein, the motion will be
ALLEGATIONS IN THE PROPOSED AMENDED COMPLAINT
proposed Amended Complaint contains the following
pertinent factual allegations relevant to whether
the EEOC satisfied the administrative prerequisites prior to
3. At least as early as January 2011 and continuing through
at least January 2013, East Coast Labor Solutions, LLC
conducted business in the State of Alabama through its
partnership and agreement with Pilgrim's Pride
Corporation at its Guntersville, Alabama poultry processing
4. Claimants are Hispanics and were recruited by East Coast
Labor Solutions, LLC to work at the Pilgrim's Pride
poultry processing plant in Guntersville, Alabama.
5. At all relevant times, East Coast Labor Solutions, LLC has
also conducted business in Alabama as Labor Solutions, LLC;
East Coast Labor Solutions of West Virginia, LLC and Labor
Solutions of AL, LLC.
8. More than thirty days prior to the institution of this
lawsuit, Charging Parties filed charges of discrimination
with the Commission alleging violations of Title VII and the
ADA by Defendants. Claimants, in their charges, identified
their employer as "East Coast Labor Solutions,
Inc." 9. Defendants received notice of the charges
referenced in paragraph 8 above.
10. The Commission conducted an investigation into the
allegations contained in the charges referenced in paragraph
11. On January 5, 2012, Paris R. Wiley, owner and operator of
East Coast Labor Solutions, LLC (["East Coast"])
responded to a Notice of Charge of Discrimination filed by
one of the Claimants in this action.
12. Wiley eventually retained counsel from the law firm of
Seyfarth Shaw, with whom the EEOC communicated regarding the
investigation and conciliation of the ...