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Equal Employment Opportunity Commission v. Labor Solutions of Al LLC

United States District Court, N.D. Alabama, Middle Division

November 1, 2017

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION, Plaintiff,
v.
LABOR SOLUTIONS OF AL LLC, f/k/a EAST COAST LABOR SOLUTIONS, LLC, Defendant.

          MEMORANDUM OPINION AND ORDER

          VIRGINIA EMERSON HOPKINS UNITED STATES DISTRICT JUDGE

         I. INTRODUCTION AND PROCEDURAL HISTORY

         The 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[1], 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 l).[2]

         On 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.

         On 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).[3]

         On May 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 GRANTED.

         II. ALLEGATIONS IN THE PROPOSED AMENDED COMPLAINT

         The proposed Amended Complaint contains the following pertinent[4] factual allegations relevant to whether the EEOC satisfied the administrative prerequisites prior to filing suit:

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 facility.
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 8 above.
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 ...

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