Stransky v. Healthone of Denver, Inc.
868 F. Supp. 2d 1178
D. Colo.2012Background
- Plaintiffs filed a collective FLSA action against HealthONE on November 7, 2011.
- Plaintiffs seek overtime and wage compensation for time worked, including unpaid overtime.
- Opt-in plaintiffs seek to toll the statute of limitations from the original filing date until 90 days after notice.
- Defendant opposes tolling and argues no circumstances warrant tolling.
- Plaintiffs request tolling begin from the original filing date; Defendant argues against this approach.
- Court grants tolling in part, tolling May 1, 2012 to 90 days after notice or denial of notice.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether equitable tolling is warranted for Opt-in Plaintiffs. | Plaintiffs argue tolling is needed to prevent inequitable loss of claims. | HealthONE contends tolling is unwarranted absent justified circumstances. | Equitable tolling granted in part for Opt-in Plaintiffs. |
| What is the tolling period start date for the Opt-in Plaintiffs. | Plaintiffs urge tolling from the original filing date (Nov 7, 2011). | HealthONE argues no authority supports tolling from filing date. | Tolling begins May 1, 2012 (the date of motion/notice proceedings), not Nov 7, 2011. |
| What is the duration of tolling for the Opt-in Plaintiffs. | Tolling should extend 90 days after Opt-ins receive notice or denial of notice. | No prejudice or change in liability warrants extending beyond notice-based tolling. | Tolling runs from May 1, 2012 to 90 days after notice (or denial). |
Key Cases Cited
- Partlow v. Jewish Orphans’ Home of Southern Cal., Inc., 645 F.2d 757 (9th Cir. 1981) (equitable tolling proper where plaintiffs without fault and not tolling would bar claims)
- Graham-Humphreys v. Memphis Brooks Museum of Art, Inc., 209 F.3d 552 (6th Cir. 2000) (tolling factors and reasonableness in remaining ignorant of requirements)
- Baldwin Cnty. Welcome Center v. Brown, 466 U.S. 147 (1984) (diligence and timely action required for equitable tolling)
- Gray v. Phillips Petroleum Co., 858 F.2d 610 (10th Cir. 1988) ( tolling where inaction occurred without showing prejudice)
- Irwin v. Dep’t of Veterans Affairs, 498 U.S. 89 (1990) (equitable tolling applies to federal statutes and limits are case-by-case)
- U.S. v. $57,960.00 in U.S. Currency, 58 F. Supp. 2d 660 (D.S.C. 1999) (equitable tolling principles recognized in FSLA context)