TNT Crane and Rigging, Inc.
Case Information:
This is a Fair Labor Standards Act (FLSA) and New Mexico Minimum Wage Act (NM Wage Act) case involving crane operators for TNT Crane and Rigging, Inc. The lawsuit claims that TNT required that its crane operators work off-the-clock both before and sometimes after scheduled shifts. During this alleged off-the-clock work, the crane operators picked-up and dropped-off fuel, other fluids necessary to operate the cranes, and paperwork and, after doing so, drove to and from the job sites.
The lawsuit requests lost wages, liquidated (double) damages, treble damages under the NM Wage Act, injunctive relief, and attorneys’ fees.
Click here to read the Complaint in this case.
The Court conditionally certified a class of crane operators from TNT’s Midland, San Antonio, and Houston yards. You can view the Class Notice here. Any class members interested in joining the suit may electronically sign the consent form no later than May 7, 2019.
Status Updates
October 5, 2021 - Plaintiffs' Motion for Partial Summary Judgment
On October 5th, we filed a motion for partial summary judgment. In it, we ask the court to rule on the core, common claims in the case, such as TNT’s knowledge that they were violating the FLSA, and the undisputed, unpaid travel time. You can read the motion here.
On November 1st, TNT filed their response in opposition to our motion and on November 22nd, we filed our reply in support of our motion.
October 1, 2021 - TNT's Motion for Partial Summary Judgment
On October 1st, TNT filed a motion for partial summary judgment. In it, they ask the court to rule that any violation of the FLSA on the part of TNT was not willful and that the statute of limitations should be two years. They also ask that the judge dismiss plaintiffs’ claims of compensation for getting ice and water. You can read the motion here.
On October 26th, we filed our response in opposition to TNT’s Motion to Decertify (corrected response filed on 11/9/21). You can read that here.
October 1, 2021 - TNT's Motion to Decertify
On October 1st, TNT filed a motion to decertify, which asks the court to rule that the plaintiffs in the case are not similarly situated and that the case should not be tried as a class action. You can read their motion here.
On October 26th, we filed our response in opposition to TNT’s Motion to Decertify (corrected response filed on 11/9/21). You can read that here.
August 17, 2021 - Amended Scheduling Order
On August 17th the Court issued an Amended Scheduling Order, extending some of the remaining deadlines in the case. You can read the order and see the new deadlines here.
December 4, 2020 - Renewed Motion for Protective Order and Representative Discovery
On December 4th, we filed a new Motion for Protective Order and for Representative Discovery, since all pending motions were rendered moot by the bankruptcy stay. This motion aims to streamline the discovery process for the plaintiffs. You can read the motion here.
December 3, 2020 - The Court Reopens the Case in the District Court
On December 3rd, Judge David Counts entered an order reopening our FLSA case against TNT and setting the new deadlines for the case. You can read that order here.
October 1, 2020 - The Bankruptcy Court Confirms a Plan of Reorganization
On October 1st, the Bankruptcy Court entered this Confirmation Order, and the attached plan. This order clears the way for us to resume pursuing our unpaid wages claims against TNT in federal court.
August 25, 2020 - TNT Notifies the Court of Its Bankruptcy Filing
On August 25, TNT notified the federal court in Midland that on August 23 it filed for bankruptcy. As a result of this, our case against TNT was automatically stayed. You can see this notice here.
March 4, 2020 - Order Granting In Part and Denying In Part Plaintiffs' Motion to Compel Discovery
On March 4th, the court ruled on our pending motion to compel discovery. Prior to the court’s ruling we were able to come to an agreement with TNT on parts of the discovery in question, so the court denied those parts as moot. TNT was ordered to respond to most of the remaining requests, with the exception of the request to produce information relating to consumable products used by TNT. You can see the full order here.
March 3, 2020 - Order Granting Motion to Amend Complaint and Second Amended Complaint
On March 3rd, the court granted our motion requesting leave to file a second amended complaint. You can read the order here. Thereafter we filed our Second Amended Complaint.
January 14, 2020 - Revised Scheduling Order
On January 14th, the court approved our Agreed Motion to Modify Scheduling Order, which pushed back some of the deadlines in the case. You can read the order and see the relevant deadlines here.
December 17, 2019 - Reply in Support of Motion to Compel Discovery Filed
On December 17th, we filed our reply brief in support of our motion to compel discovery. Read the reply here.
December 13, 2019 - Response to the Motion to Compel Discovery Filed
On December 13th, the Defendant filed its response to Plaintiffs’ motion to compel discovery. Read the response here.
December 6, 2019 - Motion to Compel Discovery Filed
On December 6, 2019, we filed a motion to compel discovery.
December 4, 2019 - Reply in Support of Motion for Leave to File Second Amended Complaint Filed
On December 4, 2019, we filed a reply in support of our motion for leave to file second amended complaint. You can read the reply here.
November 15, 2019 - Motion for Leave to File Second Amended Complaint Filed
On November 15, 2019, we filed a motion for leave to file second amended complaint. You can read the motion here. This motion is still pending.
October 1, 2019 - Discovery Begins
On October 1, 2019, we began written discovery.
March 8, 2019 - Class Counsel Mails Notice
On March 8, 2019, we mailed the Class Notice to all Class Members. Class Members will have until May 7, 2019 to execute their Consent Forms.
February 22, 2019 - Court Authorizes Notice to Class Members
On February 22, 2019, the Court authorized notice to class members by first class mail and either text message, e-mail, or social media. You can view the Court’s order here.
You can view the Class Notice here. Any class members interested in joining the suit may electronically sign the consent form no later than May 7, 2019.
February 6, 2019 - Court Certifies Class
On February 6, 2019, the Court conditionally certified a class consisting of crane operators that worked for TNT out of its Midland, San Antonio, or Houston yards at any time in the last three years. You can read the order here. The Court adopted a report and recommendation of the magistrate judge, which you can read here.
August 17, 2018 - Motion for Class Certification Filed
On August 17, 2018, we filed a motion for conditional class certification and for judicially supervised notice. In the motion, which you can read here, we asked the court to certify a class of crane operators that worked out of TNT’s Midland, San Antonio, and Houston locations. We also requested that the Court authorize us to notify all potential class members of this lawsuit and of their ability to join the lawsuit. You can review the requested Notice and Consent Form here.
