In re Scientific Drilling International, Inc., Fair Labor Standards Act (FLSA) Litigation
24 F. Supp. 3d 1364
J.P.M.L.2014Background
- Pursuant to 28 U.S.C. § 1407, Scientific Drilling moves to centralize two actions in SD Texas and Wyoming.
- Actions involve alleged overtime under FLSA and wage laws for Measurement While Drilling technicians.
- Plaintiffs oppose centralization and request the District of Wyoming as transferee.
- Two actions present overlapping factual questions about unpaid overtime; plaintiffs coordinate pretrial proceedings.
- Panel weighs centralization, noting minimal actions and alternatives to avoid multidistrict consolidation.
- Court denies the centralization motion and considers 1404 transfer and coordination as alternatives.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is centralization warranted under §1407? | Heyburn: overlap exists but not enough actions to justify centralization | Scientific Drilling: common factual questions require centralized handling | No; centralization denied. |
| Should Section 1404 transfer or voluntary coordination suffice? | Coordination suffices to avoid duplicative discovery | Transfer to first-filed action can resolve multidistrict concerns | Yes; 1404 transfer/coordination available to avoid MDL. |
| Are the two actions sufficiently complex to justify centralization? | Actions not particularly complex; small number of cases | Overlapping classes and factual questions could favor centralization | Not warranted; centralization denied. |
Key Cases Cited
- In re: Transocean Ltd. Sec. Litig. (No. II), 753 F. Supp. 2d 1373 (J.P.M.L. 2010) (heavy burden to centralize when few actions are involved)
- In re: Gerber Probiotic Prods. Mktg. & Sales Practices Litig., 899 F. Supp. 2d 1378 (J.P.M.L. 2012) (centralization should be last resort; consider alternatives)
- In re Best Buy Co., Inc. California Song-Beverly Credit Card Act Litig., 804 F. Supp. 2d 1376 (J.P.M.L. 2011) (centralization should be last solution after review of options)
- In re: Dollar Tree Stores, Inc. Fair Labor Standards Act (FLSA) and Wage and Hour Litig., 829 F. Supp. 2d 1376 (J.P.M.L. 2011) (alternatives workable at early stages of litigation)