Fleming v. Enterprise Box Co., Civ. A. No. 277-T.
| Citation | 36 F. Supp. 606 |
| Decision Date | 08 August 1940 |
| Docket Number | Civ. A. No. 277-T. |
| Parties | FLEMING v. ENTERPRISE BOX CO. |
| Court | U.S. District Court — Southern District of Florida |
George A. McNulty and Irving J. Levy, both of Washington, D. C., Geo. A. Downing, of Atlanta, Ga., and Bruce Aitchison, of Washington, D. C., for plaintiff.
Caraballo, Graham & Caraballo, of Tampa, Fla., for defendant.
The Court is of the opinion that the complaint as such alleges ultimate facts and is sufficient as a complaint, but that the complaint does not contain sufficient information to enable the defendant to prepare its defense. The complaint alleges that the defendant "failed to pay many employees the wages required by the act", without stating the name of any employee, the number of employees, or the time within which the defendant failed to pay any employee. It does not allege that the defendant failed to pay all employees. The complaint alleges that the defendant worked "employees" overtime without paying time and a half as required of it, but it fails to allege the names of the employees or the time or times when they were worked overtime. The complaint alleges that the defendant falsified its records, but it fails to say what records or in what particular, whether as to the time the employees were worked, or as to the amount received by the employees, or whether the record was falsified as to shipments to other states, or in what respect the said record was falsified. Counsel for the defendant strongly asserts that the defendant has no knowledge of any violation whatsoever of the act. If a foreman of the company had worked employees overtime without the knowledge of the officers of the defendant company; or it is conceivable that the information upon which the plaintiff has based his suit is untrue, then the question of the wages paid to any particular employee or the hours worked by him might easily become a question of fact. It is difficult to see, however, how the defendant could prepare its case for trial without the more definite information called for by the motion for bill of particulars, and as called for by Rule 12(e).
The Court does not consider the information as privileged. Evidence will have to be presented to sustain the allegations of the complaint at the appropriate time, and such evidence would not be privileged at that time. Therefore, it is not privileged now. The plaintiff is not required by said order to produce any confidential report of an investigator of the...
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Walling v. Fairmont Creamery Co.
...Mason & Dixon Lines, Inc., D.C., 42 F.Supp. 230; Fleming v. Cleveland Union Terminals Company, D.C., 36 F.Supp. 781; Fleming v. Enterprise Box Company, D.C., 36 F.Supp. 606; Fleming v. Southern Kraft Corporation, D.C., 37 F.Supp. 232; Fleming v. Dierks Lumber & Coal Company, D.C., 39 F.Supp......
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Fleming v. Dierks Lumber & Coal Co.
...1 F.R.D. 201; United States v. Schine Chain Theatres, Inc., et al., D.C. W.D.N.Y., 1 F.R.D. 205; Fleming, Adm'r Wage and Hour Division v. Enterprise Box Co., D.C.S.D.Fla., 36 F.Supp. 606; Fleming, Adm'r Wage and Hour Division v. Cleveland Terminals Co., D.C.N.D.Ohio, 36 F.Supp. 781. United ......
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Mitchell v. Roma
...upon in connection with the informer's privilege, most of which have been urged upon us by the appellees. In Fleming v. Enterprise Box Co., D.C.S.D.Fla.1940, 36 F.Supp. 606, there was a complaint similar to ours but it failed to specify which employees failed to receive the proper wages. A ......