Cummings v. Cenergy International Services, LLC

MEMORANDUM DECISION AND. ORDER DENYING DEFENDANT’S MOTION TO DISMISS

(Doc. 17)

I. INTRODUCTION

Currently pending before the Court are Plaintiffs’ Donnie Cummings and Charles *1185 Beaty’s (“Plaintiffs”) motion for a preliminary injunction against Defendant Cener-gy International Services, LLC (“Cener-gy”) and Cenergy’s Federal Rule of Civil Procedure 12(b)(1) motion to dismiss Plaintiffs’ complaint for lack of subject matter jurisdiction on standing and ripeness grounds. Plaintiffs’ motion for a preliminary injunction has been held in abeyance until Cenergy’s motion to dismiss on jurisdictional grounds is resolved. For the reasons set forth below, Cenergy’s motion to dismiss is DENIED.

II. FACTUAL BACKGROUND

Plaintiffs performed work for the Chevron corporation as well site/drill site managers, and allege they were intentionally misclassified as independent contractors by Chevron and" impermissibly denied overtime wages pursuant to the Fair Labor Standards Act (“FLSA”), 29 U.S.C. § 216 (b). Plaintiffs are pursuing claims in collective actions under the FLSA against Chevron in separate proceedings: McQueen, et al. v. Chevron, No. 4:16-cv-02089-JSW (N.D. Cal.), filed on April…