EAST ST. LOUIS – Madison County resident Michael Stone added Illinois residents to a wage suit solely to defeat federal jurisdiction over their employer, U.S. District Judge Stephen McGlynn ruled on Nov. 6.
McGlynn dismissed claims against Dawn Wallace and Dawn Carpenter, finding it obvious that Stone fraudulently joined them.
“Stone’s breach of contract claims against Wallace and Carpenter have no chance of success,” McGlynn wrote.
He kept jurisdiction over claims that Corrigan Company Mechanical Contractors, a Missouri business, owed bonuses to Stone when his employment ended.
Attorney C.J. Baricevic of Belleville filed the suit in Madison County circuit court in January, alleging breach of contract and violation of Illinois wage law.
He named Corrigan Company, Jim Corrigan, Dennis Corrigan, Wallace, and Carpenter as defendants.
Corrigan counsel Robert Golterman of St. Louis removed the suit to district court in March, alleging fraudulent joinder of Wallace and Carpenter.
In April, Baricevic moved to remand the suit to Madison County.
He wrote that Wallace and Carpenter worked in accounting and payroll and “may have been responsible” for allegations in the complaint.
“Plaintiff likely will uncover additional actors who violated the acts described within the four corners of his complaint,” Baricevic wrote.
He wrote that Wallace and Carpenter possessed the capacity and the agency to effectuate the nonpayment.
“Although the possibility exists that each named party may harbor no liability, the parties will not know for certain until discovery can be conducted,” he wrote.
Golterman opposed remand in May and wrote, “These are not allegations, but the possibility of allegations.”
“It is not enough for a plaintiff to make a claim against a defendant, suggesting that time and discovery might validate him,” Golterman wrote.
He wrote that neither Carpenter nor Wallace was an agent or officer of the business, and that Carpenter wasn’t employed when Stone signed the contract.
He wrote that Carpenter oversaw financial aspects of Corrigan Company projects.
He wrote that Stone could have picked out any Illinois resident from a Corrigan Company directory to name as a defendant.
District Judge Staci Yandle presided over the suit until McGlynn joined the court and the clerk assigned him.
In his order dismissing Wallace and Carpenter, he wrote, “Unless there are allegations to hold a nonparty liable, a breach of contract claim can only be directed against a party to the contract.”
“Neither Wallace nor Carpenter were parties to the contract and Stone has not alleged any basis to hold them liable,” McGlynn wrote.
He wrote that Illinois wage law applies only to employers.
“Wallace and Carpenter were and are employed by the Corrigan defendants, same as plaintiff. They are not employers,” he wrote.