Magistrate Judge Hugh B. Scott


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Plaintiff and nearly three dozen of his coworkers at E.I. Du Pont De Nemours and Co.’s (Du Pont) Yerkes Plant in Buffalo, sued on July 17, 2017, alleging that Du Pont incorrectly calculated overtime pay owed to them, and did not pay overtime in a timely fashion, in violation of the Fair Labor Standards Act (FLSA), New York’s Labor Law, and the New York Minimum Wage Act. Drawing the court’s attention to similar allegations made by Du Pont employees in a 2016 lawsuit in the Eastern District of Texas (EDT), and to a similar federal action in Tennessee that had been transferred to the EDT under the first-filed rule—both cases sought certification of a national FLSA class for claims similar to those made by the instant plaintiffs—Du Pont moved to transfer the instant lawsuit to the EDT and stay proceedings. District court denied Du Pont’s transfer and stay motions, without prejudice, citing caselaw demonstrating premature instances of transfer. At present, plaintiffs’ instant action contains individual FLSA claims that plaintiffs are entitled to bring in the Western District of New York. Their case also features a claim under New York law that might develop its own nuances. Also, to have overlap, the EDT must create a national class.