Citrus firm Bee Candy Citrus Inc. has moved to dismiss a lawsuit filed final yr that claims that staff have been underpaid in violation of the Migrant and Seasonal Agricultural Employee Safety Act (AWPA).
The defendant claims that the plaintiff’s lawsuit fails as a result of it resembles a grievance filed in 2020, with completely different plaintiffs however the identical plaintiff’s counsel and largely an identical claims. That prior lawsuit was resulted in August with a judgment on the pleadings favoring Bee Candy, partially as a result of the defendants in that case failed to offer pre-suit notification to the defendants.
Of their newest movement to dismiss, Bee Candy says that the plaintiffs repeat the identical error as they did within the prior lawsuit – the workers are blaming Bee Candy for the errors of an unnamed labor contractor on a concept of joint legal responsibility. The defendants additionally say that the workers have failed to offer sufficient element for the lawsuit to proceed.
“Plaintiffs fail to specify who they have been working for, and what dates they claimed they labored ‘off the clock’ or traveled between fields,” the grievance says. The defendants add that there isn’t a proof offered as to how the workers have been allegedly directed to work off the clock.
The movement to dismiss claims that the brand new lawsuit is merely an “finish run” across the failure to adjust to pleading necessities of the now-dismissed first lawsuit, and that the pleadings stay poor.
Bee Candy is represented by Campagne & Campagne, whereas the plaintiffs are represented by Kingsley & Kingsley.