Chapman v. Yellow Cab CooperativeChapman v. Yellow Cab Cooperative
- Reporters:
- Before:
- Easterbrook, Kanne, Hamilton
Chapman contends in this suit under the Fair Labor Standards Act that this arrangement makes him an “employee” of Yellow Cab. He alleges that, after he complained about not receiving the minimum wage, Ali Mohamed, the President of Yellow Cab, told Giri that Chapman was “fired” (in other words, would not be dispatched to passengers who called Yellow Cab seeking a ride). Giri then terminated the sublease. Chapman submits that Mohamed‘s action violates the Act‘s antiretaliation clause;
District Judge Randa dismissed all of Chapman‘s other theories and directed him to file a new complaint. 2016 U.S. Dist. Lexis 23166 (E.D. Wis. Feb. 24, 2016). The amended complaint was assigned to Judge Stadtmueller, who concluded that Chapman “must provide more detailed and thorough allegations before the claim can be permitted to proceed.” 2016 U.S. Dist. Lexis 163586 at *8 (E.D. Wis. Nov. 28, 2016). The judge stated that the complaint
To the extent the district court demanded that complaints plead facts—not only facts that bear on the statutory elements of a claim, but also facts that bear on judicially established standards—it was mistaken. Ever since their adoption in 1938, the Federal Rules of Civil Procedure have required plaintiffs to plead claims rather than facts corresponding to the elements of a legal theory. See
It is enough to plead a plausible claim, after which “a plaintiff ‘receives the benefit of imagination, so long as the hypotheses are consistent with the complaint‘“. Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 563, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007) (citation omitted). A full description of the facts that will prove the plaintiff‘s claim comes later, at the summary-judgment stage or in the pretrial order. So both the Supreme Court and this court have held when rejecting contentions that
Perhaps the district court meant to do no more than rely on the plausibility standard of Twombly and Ashcroft v. Iqbal, 556 U.S. 662, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009). Chapman‘s claim seems implausible because it does not allege any direct dealings between himself and Yellow Cab. Instead it alleges that Edwards owns the taxi, that Edwards leases the taxi to Giri, and that Giri subleased it to Chapman. Many decisions, of which Callahan v. Chicago, 813 F.3d 658 (7th Cir. 2016), is an example, hold that one does not become an “employee” of an entity several steps removed in a chain of business relations just because that entity‘s decisions may have some effect on income.
Although Chapman‘s claim as presented does not seem plausible, the district court did not reject it on that ground—and a desire for plausibility would not be enough to require a complaint to contain facts matching all statutory “elements” and judicial “factors,” for Twombly and its successors disparage such demands. Per
A party may move for a more definite statement of a pleading to which a responsive pleading is allowed but which is so vague or ambiguous that the party cannot reasonably prepare a response. The motion must be made before filing a responsive pleading and must point out the defects complained of and the details desired. If the court orders a more definite statement and the order is not obeyed within 14 days after notice of the order or within the time the court sets, the court may strike the pleading or issue any other appropriate order.
If Chapman had responded to that order with additional details, and the district court still had dismissed the complaint for failure to plead facts matching “elements” or “factors,” we would be obliged to reverse.
Chapman‘s brief on appeal presents new allegations that make his claim of an employment relation seem stronger. But the place and time to make those allegations was in the district court, in response to the judge‘s order. A plaintiff who disobeys an order from a district judge cannot hope to have his case revived by attempting belated compliance in the court of appeals.
AFFIRMED