United States District Court, E.D. Kentucky, Central Division, Lexington
MEMORANDUM OPINION AND ORDER
C. Reeves, United States District Judge
se plaintiff Misty Lynn Wesley moves for certification
to file a new civil lawsuit based on claims arising from her
past employment with Defendant Accessible Home Care. [Record
No. 2] Wesley has a long history of filing what this Court
has characterized as “abusive litigation”. As a
result, General Order No. 07-6');">6 was entered on February 14,
2007. [Record No. 1] It provides that, before Wesley may file
a new action in this Court, she must obtain certification
from a United States Magistrate Judge in this district
stating that the claims asserted are not frivolous and that
the filing is not submitted for any improper purpose.
asserts in the present action a host of federal statutory and
state law claims against Accessible Home Care, its owners,
and its employees, which are, for the most part, difficult to
follow. [Record Nos. 2, 6');">6] United States Magistrate Judge
Robert E. Wier issued an Order on April 9, 2018, denying
Wesley's motion for certification. Wesley then filed a
motion pursuant to Rule 72(b) of the Federal Rules of Civil
Procedure on April 18, 2018. [Record No. 6');">6] Wesley has failed
to articulate specific objections to the Magistrate
Judge's Certification Order and, instead, has repeated
many of the assertions contained in her initial filing. The
Court has reviewed Wesley's allegations and will grant
her motion, in part, and deny it, in part. See 28
U.S.C. § 6');">636');">6(b)(1).
worked for Defendant Accessible Home Care which was owned by
Bill and Kaye Hughes. [Record No. 6');">6, p. 2');">p. 2] She alleges that
the defendants engaged in “labor trafficking” and
violations of the Fair Labor Standards Act
(“FLSA”), 29 U.S.C. §§ 201, et
seq. Wesley was paid $9.50 per hour to look after an
elderly client in Lexington, Kentucky when she began working
for Accessible Home Care. [Record No. 6');">6, p. 4] After a couple
of days, the client began asking Wesley to polish silver and
to clean carpets, walls, and the refrigerator. Id.
Wesley asked Bill Hughes to tell the client that Wesley was
not to perform such tasks, but Hughes declined, telling her,
“we're cheaper than maids.” Id.
Wesley asked to be reassigned to a different client but
tendered her resignation in the meantime. Id.
was transferred to another elderly client's home where
she was paid $11.50 per hour. However, following a conflict
with a co-worker, Wesley asked Hughes “to find another
person to work over there.” Id. at p. 5.
Wesley was then assigned to a live-in position with an
elderly couple, where she worked 24-hour shifts, “3
days on and 3 days off.” Id. She was paid
$170.00 per day. Wesley contends that the couple's
daughter kept a list of chores for her, which included
vacuuming, sweeping, mopping, and cleaning the bathrooms.
Id. According to Wesley, Hughes “flat out
refused” to tell the client that she was not supposed
to perform these duties.