Filed: Dec. 04, 2014
Latest Update: Mar. 02, 2020
Summary: 12-4901-cv Ramos v. SimplexGrinnell LP UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT August Term 2013 Argued: September 4, 2013 Decided: December 4, 2014 No. 12-4901-cv _ ROBERTO RAMOS, FRANK RODRIGUEZ, JOSE LUIS MALDONADO, JOSE FERNANDEZ, CHRIS MAIETTA, RANDY WRAY, ROGELIO SMITH, AGBAN AGBAN, YADIRA GONZALEZ, MAXIMO ESTRELLA, JR., JAIME OY ARVIDE, NACIM BENNEKAA, BRENO ZIMERER, OMAR FLOREZ, individually and on behalf of all other persons similarly situated who are or were employed by Si
Summary: 12-4901-cv Ramos v. SimplexGrinnell LP UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT August Term 2013 Argued: September 4, 2013 Decided: December 4, 2014 No. 12-4901-cv _ ROBERTO RAMOS, FRANK RODRIGUEZ, JOSE LUIS MALDONADO, JOSE FERNANDEZ, CHRIS MAIETTA, RANDY WRAY, ROGELIO SMITH, AGBAN AGBAN, YADIRA GONZALEZ, MAXIMO ESTRELLA, JR., JAIME OY ARVIDE, NACIM BENNEKAA, BRENO ZIMERER, OMAR FLOREZ, individually and on behalf of all other persons similarly situated who are or were employed by Sim..
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12‐4901‐cv
Ramos v. SimplexGrinnell LP
UNITED STATES COURT OF APPEALS
FOR THE SECOND CIRCUIT
August Term 2013
Argued: September 4, 2013
Decided: December 4, 2014
No. 12‐4901‐cv
_____________________________________
ROBERTO RAMOS, FRANK RODRIGUEZ, JOSE LUIS MALDONADO, JOSE FERNANDEZ,
CHRIS MAIETTA, RANDY WRAY, ROGELIO SMITH, AGBAN AGBAN, YADIRA
GONZALEZ, MAXIMO ESTRELLA, JR., JAIME OY ARVIDE, NACIM BENNEKAA, BRENO
ZIMERER, OMAR FLOREZ, individually and on behalf of all other persons similarly
situated who are or were employed by SimplexGrinnell LP with respect to Public
Works Project mentioned in this Complaint,
Plaintiffs‐Appellants,
‐ v. ‐
SIMPLEXGRINNELL LP, JOHN DOE BONDING COMPANIES, #1‐3,
Defendants‐Appellees.
_____________________________________
Before: CALABRESI, LIVINGSTON and CHIN, Circuit Judges.
1
Appeal from portions of a June 21, 2011 memorandum and order of the
United States District Court for the Eastern District of New York (Gold, M.J.)
granting summary judgment in favor of SimplexGrinnell LP on breach of contract
claims relating to its failure to pay to Plaintiffs prevailing wages for testing and
inspection work they performed. Following response by the New York Court of
Appeals on the questions we certified, we vacate the portions of the June 21, 2011
memorandum and order from which Plaintiffs appeal and remand the case to the
district court.
VACATED in part AND REMANDED.
RAYMOND C. FAY (Taryn Wilgus Null, on the
brief), Mehri & Skalet, PLLC, Washington, D.C.,
Bruce E. Menken and Jason Rozger, Beranbaum
Menken LLP, New York, NY, for Plaintiffs‐
Appellants.
EDWARD CERASIA, II (Dominick C. Capozzola,
on the brief), Ogletree, Deakins, Nash, Smoak &
Stewart, P.C., New York, NY, for Defendants‐
Appellees.
PER CURIAM:
Plaintiffs‐Appellants appeal from portions of a June 21, 2011 memorandum
and order of the United States District Court for the Eastern District of New York
(Gold, M.J.), granting summary judgment in favor of Defendants‐Appellees
SimplexGrinnell LP (“Simplex”) and John Doe Bonding Companies #1‐3 (collectively
“Defendants”), on breach of contract claims relating to Simplex’s failure to pay
2
Plaintiffs‐Appellants prevailing wages for testing and inspection work they
performed. We set forth the underlying facts and procedural history of this case in
Ramos v. SimplexGrinnell LP, 740 F.3d 852 (2d Cir. 2014) [hereinafter “SimplexGrinnell
I”]. In SimplexGrinnell I, we certified two questions: (1) “whether a court should give
deference not only to an agency’s substantive interpretation of a statute arising from
an unrelated proceeding but also to its decision to enforce that interpretation only
prospectively”; and (2) “whether contracts committing parties to pay prevailing
wages pursuant to section 220 of the New York Labor Law (‘NYLL’) need to
specify—when the scope of the statute’s coverage is unclear to the parties—what
particular work the prevailing wages will be paid for.” Id. at 853. The Court of
Appeals accepted certification. Ramos v. SimplexGrinnell LP, 5 N.E.3d 34 (N.Y. Feb.
13, 2014). The Court of Appeals answered the first question narrowly, holding that
it “will not give the agency more deference than it claims for itself.” Ramos v.
SimplexGrinnell LP, No. 160 (N.Y. Oct. 23, 2014), available at 2014 WL 5368782 (N.Y.
2014) [hereinafter “SimplexGrinnell II”]. Because the agency in question, the New
York Department of Labor (“NYDOL”), has “renounce[d] any claim to deference in
this litigation,” id., slip op. at 2, in this case the agency’s decision to construe NYLL
section 220 to cover testing and inspection work only prospectively is due no
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deference. On the second question, the Court of Appeals held that “[a]n agreement
to comply with a statute is an agreement to comply with it as correctly interpreted,
whether or not the correct interpretation was known to the parties at the time of
contracting.” Id., slip op. at 5.
Given the Court of Appeals’ responses to the questions we certified, we vacate
the portion of the district court’s decision granting Simplex’s motion to dismiss
Plaintiffs’ claims relating to testing and inspection work and remand the case to the
district court. As we explained in SimplexGrinnell I, it is undisputed that Plaintiffs
constitute “laborers, workmen, or mechanics” within the meaning of NYLL section
220. 740 F.3d at 856 (internal quotation marks omitted). In addition, we must give
deference to NYDOL’s interpretation that testing and inspection work falls within
the scope of NYLL section 220, id., and because that interpretation is not “irrational
or unreasonable,” it must be upheld. Samiento v. World Yacht Inc., 883 N.E.2d 990,
995 (N.Y. 2008) (internal quotation marks omitted). Thus, it is clear that the testing
and inspection work done by Plaintiffs fell under the scope of NYLL section 220.
And even though this was not clear at the time that the parties entered into the
public works contracts at issue here, the Court of Appeals has now made clear that
the contracts nevertheless required compliance with NYLL section 220 as correctly
4
interpreted, meaning that prevailing wages were required to be paid for the testing
and inspection work. SimplexGrinnell II, slip op. at 5.
Plaintiffs argue that rather than vacating and remanding the portion of the
judgment of the district court regarding Plaintiffs’ claims related to the testing and
inspection work, we should decide the issue of damages ourselves and award a total
of $13,086,761 in damages, with amounts for each class member calculated by
updating their expert’s damages report to reflect the additional amounts of interest
required by New York law.1 Plaintiffs note that the settlement reached by the parties
with regard to Plaintiffs’ other claims precludes Defendants from challenging the
district court’s decision denying Simplex’s motion to strike the report of Plaintiffs’
expert, Dr. Crawford. Plaintiffs essentially argue that because their expert’s report
is admissible, there are no material issues of fact regarding damages. But while
Defendants can no longer challenge the reliability of Dr. Crawford, they are still free
to challenge his conclusions. And as the district court explained, Simplex has
pointed out certain inconsistencies in Dr. Crawford’s report and raised a question
of fact regarding whether Dr. Crawford accurately distinguished hours spent on
1
Plaintiffs argue in the alternative that we should remand with direction to award
the specific amount of testing and inspection damages set forth above.
5
testing and inspection work from other labor hours. Accordingly, material issues
of fact remain with regard to the issue of damages and judgment is not proper at this
stage.
For the foregoing reasons, the June 21, 2011 memorandum and order of the
district court is hereby VACATED in part and REMANDED.
6