SCI defends against nationwide ERISA and FLSA collective action brought by funeral service workers alleging off-the-clock work
Clients Service Corporation International
Jones Day provided defense to Service Corporation International in a nationwide ERISA and FLSA class action. As a result of our motions to dismiss Plaintiffs' claims, the court recognized that Plaintiffs' RICO and ERISA claims were strictly derivative of, and dependent on, their FLSA claims. Accordingly, the Court determined that it will hold the RICO and ERISA claim in abeyance pending determination on whether to proceed with the FLSA claims as a collective action. Any Rule 23 class action based on the ERISA and RICO claims will be limited to individuals who opt into an FLSA collective action, and thus will not have the scope of a Rule 23 opt-out class action. The parties are beginning the case management and discovery phased of the litigation.
Stickle, et al. v. SCI Western Market Support Center, L.P., et al., Case No. 2:08CV0083 (D. AZ, 2008)