Guobadia v. Irowa

• Decision Date: 07 May 2015
• Docket Number: No. 12–cv–4042 ADSARL.,12–cv–4042 ADSARL.
• Citation: 103 F.Supp.3d 325
• Parties: Destiny Joy GUOBADIA, Plaintiff, v. Isoken IROWA and Uhumwnamure Lucky Irowa, Defendants.
• Court: U.S. District Court — Eastern District of New York

103 F.Supp.3d 325

Destiny Joy GUOBADIA, Plaintiff,

v.Isoken IROWA and Uhumwnamure Lucky Irowa, Defendants.

No. 12–cv–4042 ADSARL.

United States District Court, E.D. New York.

Signed May 7, 2015.

Greenberg Traurig, LLP, by William C. Silverman, Esq., Daniel E. Clarkson, Esq., Julia M. Rogawski, Esq., New York, NY, for Plaintiff.

Michael O. Adeyemi, Esq., Brooklyn, NY, for Defendants.

MEMORANDUM OF DECISION AND ORDER

SPATT, District Judge.

On August 14, 2012, the PlaintiffDestiny Joy Guobadia(the “Plaintiff”) commenced this action against the DefendantsIsoken Irowa(“Isoken”) and Uhumwnamure Lucky Irowa(“Uhumwnamure”)(the “Defendants”).This case arises out of claims by the Plaintiff that she was lured and transported against by the Defendants from Nigeria to the United States based on false promises, and forced by the Defendants to work without pay as their domestic servant.

The Plaintiff raised a number of claims, including (1) unlawful trafficking with respect to peonage, slavery, involuntary servitude or forced labor in violation of 18 U.S.C. §§ 1584,1589,1590,1595;(2) involuntary servitude in violation of the Thirteenth Amendment to the United States Constitution;(3) a violation of the Alien Tort Claims Act, 28 U.S.C. § 1350;(4) unpaid federal minimum wages as required by the Fair Labor Standards Act(“FLSA”), 29 U.S.C. §§ 203(d)-(e);(5) fraud; (6) false imprisonment; (7) conversion; (8) assault and battery; (9) intentional infliction of emotional distress; (10) negligent infliction of emotional distress; (11) promissory estoppel; (12) quantum meruit; and (13) unjust enrichment.The Plaintiff seeks compensatory and punitive damages; prejudgment and postjudgment interest; and reasonable attorneys' fees, together with the costs and disbursements incurred in prosecuting this action.

Following the close of discovery, on November 10, 2014, the Defendants moved pursuant to Federal Rule of Civil Procedure(“Fed. R. Civ.P.”) 56for summary judgment dismissing the complaint.

On December 10, 2014, the Plaintiff filed opposition papers to the motion for summary judgment.The Plaintiff represented that she will not pursue her claims for violation of 18 U.S.C. § 1584and the Thirteenth Amendment; the Alien Tort Claims Act; negligent infliction of emotional distress; and quantum meruit.Therefore, the pending claims are (1) forced labor in violation of 18 U.S.C. §§ 1589,1590,1595;(2) unpaid wages in violation of the FLSA; (3) fraud; (4) false imprisonment; (5) conversion; (6) assault and battery; (7) intentional infliction of emotional distress; (8) promissory estoppel; and (9) unjust enrichment.

Jury selection is scheduled for September 8, 2015.

For the reasons set forth, the Defendants' motion for summary judgment is denied.

I.BACKGROUND

Unless stated otherwise, the following facts are drawn from the parties' Rule 56.1 Statements and attached exhibits and construed in a light most favorable to the non-moving party, the Plaintiff.Triable issues of fact are noted.

The Plaintiff was born on May 16, 1976 in Benin City, Edo State, Nigeria.When the Plaintiff was five years old, her father gave her away to her aunt, Mable Guobadia(“Mable”).

The DefendantIsoken Irowa, who was born on August 30, 1963 in Benin City, Nigeria, is Mable's eldest daughter and also resided with the Plaintiff in Mable's home in Benin City.

The Plaintiff maintains that from the time she arrived in Mable's home, she was treated like a servant and stayed home all day performing household chores, which interfered with her education in Nigeria.(Pl. Dep., at 25, 34, 59–60.)The Plaintiff further maintains that, during this time, Isoken engaged in a pattern of extreme physical abuse of her.

In 1989, Isoken moved to the United States.

After the Plaintiff graduated from high school in Nigeria, she continued to live in Mable's home and worked in her store until 2001.

Thereafter, the Plaintiff traveled to Abuja, Nigeria to assist her cousin, Juliet Guobadia a/k/a Juliet Aibangbee(“Juliet”), who had just given birth.Juliet is Isoken's sister.

In 2003, the Defendants traveled from the United States to Nigeria.Isoken requested that the Plaintiff return to Benin City from Abuja to serve as the Defendants' servant during their visit, and the Plaintiff agreed.(Id.at 81.)

The Plaintiff subsequently accompanied the Defendants to Lagos, Nigeria as their servant.In June 2003, the Plaintiff accompanied them to an international airport in order to collect souvenirs to return to family members in Abuja.Once at the airport, the Defendants told the Plaintiff that she was going with them to the United States.The Defendants apparently told the Plaintiff that they were bringing her to the United States as a gift for her hard work in service of the Defendants and that she would be able to “go to school” and work in the United States.(Id.at 104–05, 119–20.)

Upon arrival in the United States in June 2003, the Plaintiff, then twenty seven years old, lived for a year in Roosevelt, New York in a relative's home.

In her deposition, the Plaintiff stated that she performed nearly all the domestic work for the Roosevelt household, including cooking, cleaning, and childcare, without pay.(Id.at 145–55.)The Defendants would return to the Roosevelt home to eat meals prepared by the Plaintiff.(Id.at 138, 159–169.)

Near the end of 2004, Isoken directed the Plaintiff to move to their new home in Hempstead, New York.(Id.at 142–45, 164–65.)The Plaintiff stated in her deposition that she felt she could not decline to move to Hempstead.(Id.at 164–65.)

At the new home, the Plaintiff performed almost all the domestic duties for the household without pay, which occupied most of her waking hours.(Id.at 174–75, 183, 201–02.)Further, even after she began to work outside of the Defendants' home, the Plaintiff performed most of the same household chores.(Id.at 308–12.)

The Plaintiff claims that throughout her time working for the Defendants, they prevented her from attending school while promising that she would be able to do so at a future date.(Id.at 202–03, 355–59.)The Plaintiff maintains that the Defendants isolated her, forbidding her from talking to anybody outside their home.

The Plaintiff claims that if she indicated that she would deviate from Isoken's commands in any way, Isoken would physical strike her.On at least one occasion, these blows resulted in visible bruises to the Plaintiff's face.(Id.at 411–18, 423–24, 426–27, 444–45, 449–51.)On at least one occasion, Uhumwnamure apparently witnessed this physically abusive behavior on the part of Isoken.(Id.at 432–40.)

In 2006, the Plaintiff began working in a paid position as a Lunch Monitor for the Hempstead Public School District at Franklin Elementary School.This position was arranged for her by Isoken.The Plaintiff worked in this position under the name Juliet Guobadia.

From approximately 2006 until 2010, the Plaintiff also worked for Loving Home Care, a company that provides home health aide services.This position was arranged for her by Uhumwnamure.(Id.at 281–82.)At Loving Home Care, the Plaintiff worked under the name Juliet G. Aibangbee.

At Isoken's instruction, the Plaintiff provided her Franklin Elementary School and Loving Home Care wages directly to Isoken, who deposited the checks into her own account.(Id.at 277–79, 285–89, 372.).The Plaintiff stated in her deposition that Isoken told her that she was depositing the Plaintiff's paychecks into her account for the Plaintiff's own benefit.(Id.at 276–77, 288–89.)

Aside from a small monthly allowance of approximately $100, the Plaintiff was never given the money that she earned in these positions.At times, this allowance was $50 per month or a Metrocard without cash.(Id.at 278–79, 318–23.)The Defendants apparently used the Plaintiff's wages to pay their own expenses, including several debit card purchases at a furniture store and at Home Depot.(Pl.Exhs. 10, 11.)

The Defendants filed taxes through a company named Sinco Data Processing Systems (“Sinco”) in Uniondale, New York.

In total, the Plaintiff earned approximately $35,663 for her work at the Franklin Elementary School and approximately $44,789 for her work at Loving Home Care.These figures are evidenced by, among other items, payroll records, W2 Statements, and tax returns that the Defendants filed through Sinco in the name Juliet Guobadia–Aibangbee.As noted above, the Plaintiff worked in these positions under versions of that name.

Federal and state tax refunds totaling over $19,000 were also issued for the Plaintiff's work.The Plaintiff maintains that the Defendants misappropriated the tax refunds issued to her from 2009 through 2011.

For example, in April 2009, Uhumwnamure deposited a federal tax refund check for $3,937 issued to the Plaintiff under the name Julie Guobadia–Aibangbee into a bank account under the Defendants' control.Two days later, Uhumwnamure withdrew $3,937 from this account and deposited it into an account under the name of his company, Aisato, Inc.(Pl.Exhs. 6, 7.)

During the time the Plaintiff resided in the Defendants' home, she never had any bank account in her own name or under her control, nor did she have access to the bank accounts controlled by the Defendants.(Id.at 277–78, 288–89, 373.)The Plaintiff never signed or endorsed her own paychecks.(Id.at 278.)

On or about August 19, 2011, the Plaintiff permanently left the Defendants' home with the help of a co-worker.(Id.at 442–48.)She claims that she did not leave their home sooner because she did not know anybody else in the United States other than friends and family of the Defendants; she had no knowledge of her legal rights in the United States; and she feared for her safety should she have fled.

According to the Plaintiff, her departure from the Defendants' home was immediately precipitated by her overhearing a conversation between the Defendants about sending her back to Nigeria.(Id.at 446–49.)

The Plaintiff submits an...