Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Palma v. Roman

United States District Court, W.D. Kentucky

August 9, 2017

MARLIN PALMA & PABLO REBOLLAR PLAINTIFFS
v.
ENRIQUE ROMAN, VICTOR FERNANDEZ, EL NOPAL R & F, INC., ROMAN BARDSTOWN ROAD, INC., EL NOPAL MEXICAN FAMILY RESTAURANT, INC. and EL NOPAL - LA GRANGE, INC. DEFENDANTS

          MEMORANDUM OPINION

          CHARLES R. SIMPSON III, SENIOR JUDGE UNITED STATES DISTRICT COURT

          I. Introduction

         This matter is before the Court on the motion of Plaintiffs Marlin Palma and Pablo Rebollar (collectively, “Plaintiffs”) for leave to file their fourth amended complaint under Federal Rule of Civil Procedure 15(a) and (c), ECF No. 40. Defendants Enrique Roman, Victor Fernandez, El Nopal R & F, Inc., Roman Bardstown Road, Inc., El Nopal Mexican Family Restaurant, Inc., and El Nopal - LaGrange, Inc. (collectively, “Defendants”) responded, ECF No. 42. Plaintiffs replied, ECF No. 43. For the reasons explained below, the Court will grant Plaintiffs' motion for leave to file their fourth amended complaint.

         II. Background

         A. Allegations in the Third Amended Complaint

         Plaintiffs are former employees who allege that Defendants failed to pay them minimum and overtime wages in violation of the Fair Labor Standards Act (FLSA), 29 U.S.C. §§ 206(a) and 207(a). Third Am. Compl. ¶ 1, ECF No. 27. Plaintiffs also claim that Defendants violated 29 U.S.C. § 203(m) of the FLSA, which permits employers, under certain conditions, to pay less than minimum wage to employees who receive tips. Id. Plaintiffs also assert that Defendants violated Kentucky Revised Statute § 337.275 by failing to pay them required minimum wages. Id. ¶ 2. Plaintiffs further contend that Defendants failed to pay them wages owed on the termination of their employment, illegally required their employees to remit portions of their tips to management, failed to maintain accurate employment records, and failed to timely pay their employees, which are required by Kentucky Revised Statutes §§ 337.055, 337.065, 337.320, 337.020, and 337.990(1), (5), and (7). Id.

         B. Procedural History

         On July 14, 2016, Plaintiffs Rachel Moll, Marlin Palma, and Hector Dionisio filed the original complaint against Enrique Roman, Victor Fernandez, El Nopal R & F, Inc., Roman Crestwood, Inc., El Nopal Mexican Family Restaurant, Inc., Roman Salgado, LLC, Marino, LLC, and Roman F. Hurstbourne, Inc. Compl. 1, ECF No. 1. On July 26, 2016, Plaintiffs amended their complaint as a matter of right, adding another plaintiff, Pablo Rebollar, and another defendant, El Nopal - La Grange, Inc. Am. Compl. 1, ECF No. 11.

         On August 2, 2016, Plaintiffs filed a second amended complaint that dismissed Rachel Moll's claims and named only six defendants. Second Am. Compl. 1, ECF No. 14. By agreed order, Rachel Moll and Defendants Roman Crestwood, Inc., Roman Salgado, Inc., Marino, LLC, and Roman F. Hurstbourne, Inc. were terminated from the litigation. Agreed Order 8/10/2016 1, ECF No. 22. About a month later, Plaintiffs sought leave to file a third amended complaint that added retaliation claims. Mot. Leave 1, ECF No. 23. This Court granted Plaintiffs' motion for leave to file a third amended complaint. Order 10/23/2016 1, ECF No. 26.

         On November 14, 2016, the parties participated in the Federal Rule of Civil Procedure 26(f) conference. Report 1, ECF No. 30. At the conference, the parties agreed that joinder of additional parties and amendment of pleadings would be due by April 3, 2017. Id. at 2. The report of the Rule 26(f) conference was filed on December 2, 2016, and discovery commenced. Id. at 1.

         On February 28, 2017, Plaintiff Hector Dionisio was dismissed from the case without prejudice. Order 2/27/2017 1, ECF No. 36. As a result, there are two plaintiffs in the case, Marlin Palma and Pablo Rebollar. There are six defendants: Enrique Roman, Victor Fernandez, El Nopal R & F, Inc. Roman Bardstown Road, Inc., El Nopal Mexican Family Restaurant, Inc., and El Nopal - LaGrange, Inc.

         III. Discussion

         Plaintiffs now seek to file a fourth amended complaint to remove Defendants Roman Bardstown Road, Inc. and El Nopal - La Grange, Inc. from the case and to substitute Roman, Inc. and Romans No. 3, Inc. Mot. Amend 3, ECF No. 40. Plaintiffs assert that Roman, Inc. and Romans No. 3, Inc. are the true corporate entities who owned and operated the El Nopal restaurants at 6300 Bardstown Road, Louisville, KY 40291 and 12418 LaGrange Road, Suite 120, Louisville, KY 40245 at which they allegedly worked. Id. Plaintiffs argue that the Court should grant their motion for leave to file a fourth amended complaint because they have not exhibited undue delay in moving to amend and because Defendants will not suffer undue prejudice if the proposed amendment is granted. Id. at 6-11. Defendants contend in opposition that Plaintiffs have not demonstrated good cause for amending the complaint and that such amendment will significantly prejudice them by complicating the current litigation and by slowing discovery. Resp. Opp. Mot. Amend 3-5, ECF No. 42.

         The Federal Rules of Civil Procedure permit a party to “amend its pleading once as a matter of course” if the amendment is filed “before being served with a responsive pleading.” Fed.R.Civ.P. 15(a)(1). In “all other cases[, ]” the party must receive the “opposing party's written consent or the court's leave.” ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.