RODRIGUEZ v. PPG INDUSTRIES, INC.
Case Summary
On June 8, 2022, Christian Rodriguez (“Plaintiff”), on behalf of himself and all others similarly situated, represented by Christopher Michael Timmel of Klafter Lesser LLP and Joseph Francis Scott and Ryan A. Winters of Scott & Winters Law Firm, LLC, filed a class action labor lawsuit against PPG Industries, Inc. (“PPG” or “Defendant”), seeking injunctive and declaratory relief with damages for alleged failure to keep accurate records of hours worked in violation of the Fair Labor Standards Act (“FLSA”). This case was filed in the U.S. District Court for the Western District of Pennsylvania, with Judges Maureen P. Kelly and W. Scott Hardy presiding.
In the complaint, Plaintiff claimed, “The FLSA and/or similar State laws required Defendant to maintain accurate and complete records of employees’ time worked and amounts paid. 29 U.S.C. § 211(c); 29 C.F.R. §§ 516.2, 516.5, 516.6, 516.7 (‘[e]ach employer shall keep the records required by this part safe and accessible at the place or places of employment, or at one or more established central recordkeeping offices where such records are customarily maintained;’).”
The plaintiff alleged, “In order to create and maintain these records, Defendant uses a timekeeping system called Kronos, which is a third-party service provided by HR management company UKG, an independent company unrelated to Defendant, and to whom Defendant pays a fee for use of the Kronos timekeeping capabilities.”
Plaintiff further alleged, “Because Defendant could not access Plaintiff’s and other members of the FLSA Collective’s and State Law Class’s time records during the outage period, and because Defendant failed to adopt and have in place a functional back-up plan for recording non-exempt employee time and timely processing non-exempt employee payroll, Defendant could not – and did not – accurately pay its non-exempt employees during the outage period.”
Additionally, the plaintiff alleged, “Instead, over the several week outage period, Defendant paid its non-exempt employees, including Plaintiff Rodriguez, an estimated weekly pay, which Defendant itself derived, and which was not based upon, and did not reflect, the actual hours worked by Plaintiff and other members of the FLSA Collective and State Law Class.”
The plaintiff then alleged, “In the case of Plaintiff Rodriguez, and in the case of numerous other FLSA Collective and State Law Class members, the estimated weekly wage payments that Defendant made during the outage period were less than the actual amounts owed in one or more workweeks.”
Plaintiff also alleged “More than 30 days have passed since Defendant was required to pay Plaintiff and other members of the FLSA Collective and State Law Class all wages earned and additional statutory and/or other damages during the outage period.”
Plaintiff presented two claims for relief, including for alleged FLSA overtime violations, Nevada wage and hour violations and/or similar state law violations, and violation of implementing regulations in effect in other states.
In the prayer for relief, the plaintiff requested injunctive and declaratory relief. Plaintiff also requested an award of compensatory damages, non-timely payment of wage penalties, statutory damages and/or punitive damages.
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Case Details
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Case Number:
2:22-CV-00838
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Filing Date:
06/08/2022
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Case Status:
Pending - Other Pending
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Case Type:
Labor - Labor Standard
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Court:
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Courthouse:
Judge Details
Presiding Judge
W. Scott Hardy
Referral Judge
Maureen P. Kelly
Party Details
Plaintiffs
CHRISTIAN RODRIGUEZ
ISAAC DIAZ
Defendant
PPG INDUSTRIES, INC.
Attorney/Law Firm Details
Plaintiff Attorneys
Christopher Michael Timmel
Kevin M. McDermott, II
Seth R. Lesser
Joseph Francis Scott
Ryan A. Winters
Sarah E Sears
Defendant Attorneys
Robert W. Pritchard
Katelyn W. McCombs
Sarah J. Miley
Sean P. Dawson
Court Documents
(#39) REPORT AND RECOMMENDATION re #23 Motion to Dismiss in Part Under Rule 12(b) and Motion to Strike Portions of the Amended Complaint Under Rule 12(f) filed by PPG INDUSTRIES, INC., respectfully recommending that the Motion be denied. Objections to R&R due by 2/10/2023. Signed by Magistrate Judge Maureen P. Kelly on 1/27/23. (akr) (Entered: 01/27/2023)
Exhibit Redacted consent form for Ashley Martin
(#38) NOTICE of filing consent form by CHRISTIAN RODRIGUEZ (Attachments: #1 Exhibit Redacted consent form for Ashley Martin) (Scott, Joseph) (Entered: 10/26/2022)
RESTRICTED
RESTRICTED
(#34) REPLY to Response to Motion re #33 Brief in Opposition to Motion Dismiss Plaintiffs' Amended Complaint in Part Under Rule 12(b) and to Strike Portions of the Amended Complaint Under Rule 12(f) filed by PPG INDUSTRIES, INC.. (Miley, Sarah) (Entered: 09/26/2022)
(#33) BRIEF in Opposition re #23 Motion to Dismiss, Motion to Strike filed by ISAAC DIAZ, CHRISTIAN RODRIGUEZ. (Winters, Ryan) (Entered: 09/12/2022)
Proposed Order
(#33) BRIEF in Opposition re #23 Motion to Dismiss, Motion to Strike filed by ISAAC DIAZ, CHRISTIAN RODRIGUEZ. (Winters, Ryan) (Entered: 09/12/2022)
Proposed Order
Exhibit A--Lesser Certificate of Good Standing
Affidavit of Seth R. Lesser
Main Document
(#3) As detailed in the accompanying Order, given that motions pursuant to Federal Rule of Civil Procedure 12(b) are discouraged if the pleading defect is curable by amendment, IT HEREBY IS ORDERED that the parties must meet and confer prior to the filing of any motion to dismiss to determine whether it can be avoided. The duty to meet and confer extends to parties appearing pro se. Consistent with the foregoing, motions to dismiss must be accompanied by a certificate of the movant, stating that the moving party has made a good faith effort to confer with the nonmovant(s) to determine whether the identified pleading deficiencies properly may be cured by amendment. Motions to dismiss that do not contain the required certification will be summarily denied. Signed by Magistrate Judge Maureen P. Kelly on 6/9/2022. (et) (Entered: 06/09/2022)
(#2) Summons Issued as to PPG INDUSTRIES, INC. (pak) (Entered: 06/08/2022)
Exhibit A
Civil Cover Sheet
Main Document
Docket Entries
Docket(#39) REPORT AND RECOMMENDATION re #23 Motion to Dismiss in Part Under Rule 12(b) and Motion to Strike Portions of the Amended Complaint Under Rule 12(f) filed by PPG INDUSTRIES, INC., respectfully recommending that the Motion be denied. Objections to R&R due by 2/10/2023. Signed by Magistrate Judge Maureen P. Kelly on 1/27/23. (akr) (Entered: 01/27/2023)
[-] Read LessDocketJudge W. Scott Hardy presiding, Judge Maureen P. Kelly referred. Motions referred to Maureen P. Kelly. (ctb) (Entered: 10/27/2022)
[-] Read LessDocket(#38) NOTICE of filing consent form by CHRISTIAN RODRIGUEZ (Attachments: #1 Exhibit Redacted consent form for Ashley Martin) (Scott, Joseph) (Entered: 10/26/2022)
[-] Read LessDocket(#37) CONSENT to Trial/Jurisdiction by US Magistrate Judge OR District Judge Option, by ISAAC DIAZ, CHRISTIAN RODRIGUEZ. (Winters, Ryan) (Entered: 10/14/2022)
[-] Read LessDocket(#36) CONSENT to Trial/Jurisdiction by US Magistrate Judge OR District Judge Option, by PPG INDUSTRIES, INC.. (Miley, Sarah) (Entered: 10/14/2022)
[-] Read LessDocket(#35) TEXT ORDER: In accordance with the case management system in place in this district, this case has been assigned to the undersigned for all pretrial matters. Therefore, it is ORDERED that on or before 10/14/2022, the parties shall complete an election form either consenting to jurisdiction by the Magistrate Judge or electing to have a District Judge assigned to the case, and shall file the form with the Clerk's Office. A copy of the form can be found on this Court's website at: http://www.pawd.uscourts.gov/sites/pawd/files/Consent-to-Mag.pdf. Consent to Jurisdiction by Mag. Judge or electing to have a District Judge assigned due by 10/14/2022; Signed by Magistrate Judge Maureen P. Kelly on 9/30/2022. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (et) (Entered: 09/30/2022)
[-] Read LessDocket(#34) REPLY to Response to Motion re #33 Brief in Opposition to Motion Dismiss Plaintiffs' Amended Complaint in Part Under Rule 12(b) and to Strike Portions of the Amended Complaint Under Rule 12(f) filed by PPG INDUSTRIES, INC.. (Miley, Sarah) (Entered: 09/26/2022)
[-] Read LessDocket(#33) BRIEF in Opposition re #23 Motion to Dismiss, Motion to Strike filed by ISAAC DIAZ, CHRISTIAN RODRIGUEZ. (Winters, Ryan) (Entered: 09/12/2022)
[-] Read LessDocket(#32) NOTICE of Filing Consent Forms by CHRISTIAN RODRIGUEZ (Attachments: #1 Exhibit Redacted consent form for Evan Hinsley, #2 Exhibit Redacted consent form for Rain Kendall, #3 Exhibit Redacted consent form for Theresa Dudley) (Scott, Joseph) (Entered: 09/12/2022)
[-] Read LessDocket(#31) NOTICE of Filing Consent Form by CHRISTIAN RODRIGUEZ (Attachments: #1 Exhibit redacted consent form for Darren Serwas) (Scott, Joseph) (Entered: 08/31/2022)
[-] Read LessDocket(#10) ORDER granting #8 Motion for Ryan A. Winters to Appear Pro Hac Vice.. Signed by Magistrate Judge Maureen P. Kelly on 6/24/2022. (et) (Entered: 06/24/2022)
[-] Read LessDocket(#9) SUMMONS/Return of Service Returned Executed by CHRISTIAN RODRIGUEZ. PPG INDUSTRIES, INC. served on 6/15/2022, answer due 7/6/2022. (McDermott, Kevin) (Entered: 06/23/2022)
[-] Read LessDocket(#8) MOTION for attorney Ryan A. Winters to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-7166968) by CHRISTIAN RODRIGUEZ. (Attachments: #1 Affidavit Declaration of Ryan A. Winters, #2 Proposed Order, #3 Exhibit Certificate of Good Standing) (Winters, Ryan) (Entered: 06/23/2022)
[-] Read LessDocket(#7) ORDER granting #5 Motion for Christopher M. Timmel to Appear Pro Hac Vice.. Signed by Magistrate Judge Maureen P. Kelly on 6/21/2022. (et) (Entered: 06/22/2022)
[-] Read LessDocket(#6) ORDER granting #4 Motion for Seth R. Lesser to Appear Pro Hac Vice. Signed by Magistrate Judge Maureen P. Kelly on 6/17/2022. (et) (Entered: 06/21/2022)
[-] Read LessDocket(#5) MOTION for attorney Christopher M. Timmel to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-7157462) by CHRISTIAN RODRIGUEZ. (Attachments: #1 Affidavit of Christopher M. Timmel, #2 Exhibit A--Timmel Certificate of Good Standing, #3 Proposed Order) (Timmel, Christopher) (Entered: 06/16/2022)
[-] Read LessDocket(#4) MOTION for attorney Seth R. Lesser to Appear Pro Hac Vice, (Filing fee $70, Receipt # APAWDC-7152799) by CHRISTIAN RODRIGUEZ. (Attachments: #1 Affidavit of Seth R. Lesser, #2 Exhibit A--Lesser Certificate of Good Standing, #3 Proposed Order) (Lesser, Seth) (Entered: 06/14/2022)
[-] Read LessDocket(#3) As detailed in the accompanying Order, given that motions pursuant to Federal Rule of Civil Procedure 12(b) are discouraged if the pleading defect is curable by amendment, IT HEREBY IS ORDERED that the parties must meet and confer prior to the filing of any motion to dismiss to determine whether it can be avoided. The duty to meet and confer extends to parties appearing pro se. Consistent with the foregoing, motions to dismiss must be accompanied by a certificate of the movant, stating that the moving party has made a good faith effort to confer with the nonmovant(s) to determine whether the identified pleading deficiencies properly may be cured by amendment. Motions to dismiss that do not contain the required certification will be summarily denied. Signed by Magistrate Judge Maureen P. Kelly on 6/9/2022. (et) (Entered: 06/09/2022)
[-] Read LessDocket(#2) Summons Issued as to PPG INDUSTRIES, INC. (pak) (Entered: 06/08/2022)
[-] Read LessDocket(#1) COMPLAINT against PPG INDUSTRIES, INC. (Filing fee, including Administrative fee, $402, receipt number APAWDC-7142911), filed by CHRISTIAN RODRIGUEZ. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A) (pak) (Entered: 06/08/2022)
[-] Read Less
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