Hutt v. Greenix Pest Control LLC, 2:20-cv-01108

Background

Plaintiff Kenneth Hutt worked as a Pest Control Technician for Greenix (operating as Greenix Pest Control LLC / Greenix Holdings LLC) and alleges he and other technicians performed unpaid off-the-clock tasks (preparing chemicals, driving between jobs, vehicle upkeep, uniform laundering) totaling about 1–3 hours per day.
Hutt sued under the FLSA as a collective action (Claim I) and asserted Rule 23 state-law wage claims for Ohio, Illinois, Kentucky, Michigan, and New Jersey (Claims II–VI).
Defendants named include Greenix Holdings LLC (d/b/a Greenix Pest Control LLC) and individuals/owners Matthew Flanders, Robert Nilsen, and Nilsen Ventures LLC. Defendants moved to dismiss the Second Amended Complaint.
Court found the SAC adequately alleges Greenix Holdings LLC as an employer and states FLSA/minimum-wage and overtime claims based on alleged unpaid work.
Court dismissed all claims against Flanders, Nilsen, and Nilsen Ventures LLC for failure to plead operational control; dismissed FLSA claims of non-Ohio putative class members and all non-Ohio state-law claims for lack of personal jurisdiction; denied leave to file a Third Amended Complaint.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Employer status / claims against individual owners	Hutt alleges he was employed by Greenix Pest Control LLC and labels the owners as employers	Owners lack factual allegations of operational control; mere ownership insufficient	Greenix Holdings (d/b/a Greenix Pest Control) adequately alleged as employer; claims against Flanders, Nilsen, and Nilsen Ventures dismissed
Sufficiency of FLSA/minimum-wage pleading	Alleged 1–3 hours/day unpaid duties and additional unpaid weekly tasks causing unpaid minimum wage/overtime	Pleading lacks the required specifics and talismanic details	SAC sufficiently pleads prima facie FLSA and Ohio wage claims; motion to dismiss denied on these claims
Adequacy of collective-action pleading under §216(b)	Alleges class-wide practice of not compensating Pest Control Technicians similarly situated	Insufficient to show a single FLSA-violating policy or similarity	Allegations are sufficient at pleading stage to support a potential collective action; conditional certification not yet decided
Personal jurisdiction over non-Ohio putative class members	Asserts federal jurisdiction and pendent jurisdiction over state claims	Federal court lacks specific jurisdiction over claims by non-Ohio plaintiffs tied to out-of-forum conduct	Court holds Bristol-Myers reasoning applies to FLSA collectives here: no specific jurisdiction for non-Ohio putative class members; non-Ohio FLSA and related state claims dismissed
Motion to amend (Third Amended Complaint)	Seeks to add enterprise/alleged control facts and additional state claims (UT, PA, IN)	Amendment would be futile and adds no meaningful factual enhancement	Motion denied as futile; existing deficiencies against individual defendants and jurisdictional defects not cured

Key Cases Cited

Bell Atl. Corp. v. Twombly, 550 U.S. 544 (establishes plausibility pleading standard)
Ashcroft v. Iqbal, 556 U.S. 662 (clarifies conclusory allegations insufficient)
Dole v. Elliott Travel & Tours, Inc., 942 F.2d 962 (6th Cir.) (operational-control test for FLSA employer)
Donovan v. Agnew, 712 F.2d 1509 (1st Cir.) (corporate officers with operational control can be joint employers)
Comer v. Wal-Mart Stores, Inc., 454 F.3d 544 (6th Cir.) (requirements for FLSA collective actions)
Bristol-Myers Squibb Co. v. Superior Court of Cal., 137 S. Ct. 1773 (limits specific jurisdiction over non-forum plaintiffs)
Goodyear Dunlop Tires Operations, S.A. v. Brown, 564 U.S. 915 (general jurisdiction principles)
BNSF Ry. Co. v. Tyrrell, 137 S. Ct. 1549 (clarifies scope of general jurisdiction)
Intera Corp. v. Henderson, 428 F.3d 605 (6th Cir.) (framework for specific-jurisdiction analysis)
Int'l Shoe Co. v. Washington, 326 U.S. 310 (due process foundation for personal jurisdiction)