SUSAN C. BUCKLEW, District Judge.
This cause comes before the Court due to the named plaintiffs' pro se status and expiration of deadlines.
Plaintiffs Estime Francois and Renette Ordeus allege that they were formerly employed by Defendant Gulf Coast Transportation, Inc. as taxicab drivers and that Defendant misclassified them (and all other taxicab drivers) as independent contractors. As a result, Plaintiffs contend that due to Defendant's willful misclassification of them as independent contractors, Defendant did not pay taxicab drivers any wages at all, in violation of the minimum wage requirements of the Fair Labor Standards Act ("FLSA"). Plaintiffs intend to bring their FLSA claim as a collective action.
Additionally, Plaintiffs contend that the misclassification of them as independent contractors resulted in substantial cost savings to Defendant (due to its not having to pay employment taxes) and gave Defendant an unfair competitive advantage as a taxicab company. Therefore, Plaintiffs contend that Defendant violated Florida's Deceptive and Unfair Trade Practices Act ("FDUTPA"). Plaintiffs intend to bring their FDUTPA claim as a class action.
Third, Plaintiff Francois, individually, asserted a conversion claim under Florida common law due to Defendant's failure to return his taxicab bond money that he had paid. However, the Court dismissed this claim. (Doc. No. 40).
On September 6, 2016, Plaintiffs' counsel filed a motion to withdraw as counsel, which the Court granted. (Doc. No. 55, 56). The Court gave Plaintiffs until September 30, 2016 to file a notice of appearance of new counsel, or else the Court would consider them to be proceeding pro se. To date, a notice of appearance of new counsel has not been filed. As such, the Court considers Plaintiffs to be proceeding pro se in this matter.
Plaintiffs' pro se status and the expiration of certain deadlines affects the posture of this case, as explained below.
As previously stated, Plaintiffs intend to bring their FLSA claim as a collective action. After the filing of the complaint, nine other taxicab drivers filed notices of their intent to opt-in to the proposed FLSA collective action.
In response, Plaintiffs asked the Court to give them until August 30, 2016 to file an amended complaint and an amended motion for conditional certification of their FLSA claim. (Doc. No. 47). The Court granted the requested extension. (Doc. No. 48). Thereafter, Plaintiffs' counsel requested an additional 30-day extension because they had intended to file a motion to withdraw as counsel. (Doc. No. 53). The Court granted this additional extension and extended the deadline to September 30, 2016. (Doc. No. 54).
On September 6, 2016, Plaintiffs' counsel filed a motion to withdraw as counsel, which the Court granted. (Doc. No. 55, 56). The Court reiterated that Plaintiffs' deadline for filing an amended complaint and an amended motion for conditional certification remained September 30, 2016. (Doc. No. 56). To date, an amended motion for conditional certification has not been filed.
On September 28, 2016, Plaintiff Francois filed a document, in which he states: "Plaintiff Francois, individually file [sic] a compliant [sic] and an amended motion for consideration certification . . . ." (Doc. No. 57). It is unclear whether Plaintiff Francois believes that this document is a complaint and an amended motion for conditional certification or whether he intends to file such documents. Either way, the assertion is unsuccessful. The Court will not deem the document to be a complaint and/or an amended motion for conditional certification, and the time for filing such documents has passed.
Likewise, opt-in plaintiff Dieune Refuse has filed a motion for a 30-day extension of time to obtain an attorney. (Doc. No. 58). Upon consideration, the Court denies this motion, as Plaintiffs have been given sufficient time to find an attorney, and as such, they are now considered to be proceeding pro se in this matter.
Given the above, the state of Plaintiffs' FLSA claim is that it cannot now be brought as a collective action, because the September 30, 2016 deadline for filing an amended motion for conditional certification has passed. As such, all of the opt-in plaintiffs will be dismissed without prejudice.
Plaintiffs intend to bring their FDUTPA claim as a class action, and they have filed a motion for class certification. (Doc. No. 29). However, Plaintiffs are now proceeding pro se, and pro se plaintiffs cannot prosecute class action claims.
The Court previously dismissed Plaintiff Francois' conversion claim. The time for filing an amended complaint has passed. As such, his conversion claim remains dismissed.
Non-party Rodrigue Demard filed a document stating that he is representing himself in this matter. (Doc. No. 62). The Court can only guess that he intended to be an opt-in plaintiff, but there is no notice of his consent to join filed on the docket. As such, he is not currently an opt-in plaintiff, nor could he become one given this Court's ruling dismissing the opt-in plaintiffs from this litigation. Accordingly, the Clerk is directed to strike his filing.
Accordingly, it is ORDERED AND ADJUDGED that: