Roark v. National Park Motors, Inc. et al - 6:17cv6131 - Class Action

Case 6:17-cv-06131-PKH

Document 1

Filed 12/18/17

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Page

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IN THE UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF ARKANSAS

HOT SPRINGS DIVISION

CANDIE ROARK,

Individually and on

Similarly Situated

PLAINTIFF

behalf of All Others

vs.

No. 6:17-cv-

17-6131

NATIONAL PARK MOTORS, INC., ORR

DEFENDANTS

MOTORS OF FORT SMITH 4, INC., ORR

MOTORS OF FORT SMITH 3, INC., ORR

MOTORS OF RUSSELLVILLE, INC.,

and ORR, INC.

ORIGINAL COMPLAINT¡ªCOLLECTIVE ACTION

COMES NOW Plaintiff Candie Roark,

similarly situated, by

and

individually

and

on

behalf of all others

through her attorneys Daniel Ford, Chris Burks

Sanford of Sanford Law Firm, PLLC, and for her

("Complaint") against Defendants

and Josh

Original Complaint¡ªCollective Action

National Park Motors, Inc., Orr Motors of Fort Smith 4,

Inc., Orr Motors of Fort Smith 3, inc., Orr Motors of Russellville, Inc., and Orr, Inc.

(collectively "Defendants"),

and in support thereof does

hereby

state and

allege

as

brought by Plaintiff Candie Roark ("Plaintiff')

on

follows:

I.

1.

This is

behalf of herself and

within

a

a

PRELIMINARY STATEMENTS

collective action

on

behalf of other Title Clerks

three-year period preceding filing

of this

employed by Defendants

Complaint.

Page 1 of 13

Candie Roark, et aL v. National Park Motors, Inc., et al.

U.S.D.C. (W.D. Ark.) Case No. 6:17-cvOriginal Complaint¡ªCollective Action

at any time

2.

201,

et

Plaintiff

seq.

brings

("FLSA")

as a

for

this

as

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2

civil

penalties and costs, including reasonable

result of Defendants' failure to

pay Plaintiff and other Title Clerks

Upon information

Complaint, Defendants

FLSA

2 of 13

declaratory judgment, monetary damages, liquidated

overtime compensation for hours worked in

3.

Page

this action under the Fair Labor Standards Act, 29 U.S.C.

damages, prejudgment interest,

attorneys' fees

Filed 12/18/17

Document 1

Case 6:17-cv-06131-PKH

and

have

excess

of

forty (40)

belief, for at least three (3)

willfully

and

intentionally

hours per week.

years

prior

to the

filing

of

committed violations of the

described, infra.

JURISDICTION AND VENUE

4.

subject

The United States District Court for the Western District of

Arkansas has

matter

jurisdiction

over

this suit under the provisions of 28 U.S.C.

1331

because this suit raises federal questions under the FLSA.

5.

effect

The acts complained of herein

against

were

committed and had their

the named Plaintiff herein within the Hot

District of Arkansas; therefore,

venue

Springs

principal

Division of the Western

is proper within this District pursuant to 28 U.S.C.

1391.

THE PARTIES

6.

Plaintiff repeats and

Complaint as

7.

Plaintiff Candie Roark is

the

all the

preceding paragraphs

of this

if fully set forth in this section.

Arkansas. She

preceding

re-alleges

was

filing

a

resident and citizen of Hot

employed by Defendants

of the

as a

Title Clerk within the three

Original Complaint.

Page

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National Park Motors, Inc., et al.

(W.D. Ark.) Case No. 6:17-cvOriginal Complaint¡ªCollective Action

Candie Roark, et al.

V.

Spring County,

(3)

years

Case 6:17-cv-06131-PKH

8.

Plaintiff

was

Document 1

Filed 12/18/17

employed by Defendants

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from about December of 2015 until

about November of 2017.

9.

At all times material herein, Plaintiff has been entitled to the

protection

and benefits

provided under

the Fair Labor Standards Act 29 U.S.C.

rights,

201,

et

seq.

10.

having

a

Defendant National Park Motors, Inc., is

registered agent for service

an

Arkansas

of process of David

for-profit corporation

Orr, 6909 Tennessee Road,

Texarkana, Arkansas 71854.

11.

Defendant Orr Motors of Fort Smith 4, Inc., is

corporation having

a

registered agent for service of

an

Arkansas

process of David

for-profit

Orr, 6909

Tennessee Road, Texarkana, Arkansas 71854.

12.

Defendant Orr Motors of Fort Smith 3, Inc., is

corporation having

a

registered agent

an

Arkansas

for service of process of David

for-profit

Orr, 6909

Tennessee Road, Texarkana, Arkansas 71854.

13.

Defendant Orr Motors of

corporation having

a

Russellville, Inc.,

registered agent for service

is an Arkansas

for-profit

of process of David Orr, 6909

Tennessee Road, Texarkana, Arkansas 71854.

14.

Defendant Orr,

registered agent for service of

Inc., is

an

Arkansas

for-profit corporation having

process of David Orr, 6909 Tennessee Road,

a

Texarkana,

Arkansas 71854.

15.

control

over

Defendants have unified operational control and

management,

employees, including shared

power to

supervise, hire

Page 3 of 13

Candle Roark, ef aL v. National Park Motors, Inc., et aL

U.S.D.C. (W.D. Ark.) Case No. 6:17-cvOriginal Complaint¡ªCollective Action

as

well

and fire, establish

wages and wage

Filed 12/18/17

Document 1

Case 6:17-cv-06131-PKH

policies, and

set schedules for their

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employees through unified

management.

16.

shared

As

a

employees

result of this unified operational control and

management,

and

Defendants operated

17.

the

FLSA,

ownership

as a

with the

authority to

through

establish wages and wage

policy,

single enterprise.

National Park Motors, Inc., is

an

"employer"

and was, at all times relevant to the

within the

allegations

in this

meaning

set forth in

Complaint, Plaintiff's

employer.

18.

forth in the

Orr Motors of Fort Smith 4, Inc., is

FLSA, and

an

"employer"

was, at all times relevant to the

within the

allegations

meaning

in this

set

Complaint,

Plaintiff's employer.

19.

Orr Motors of Fort Smith 3, Inc., is

an

"employer" within

forth in the FLSA, and was, at all times relevant to the

Plaintiff's

allegations

the

meaning

in this

set

Complaint,

employer.

20.

Orr Motors of

Russellville, Inc., is

an

"employer"

forth in the FLSA, and was, at all times relevant to the

within the

allegations in

meaning

set

this

Complaint,

set forth in the

FLSA, and

Plaintiff's employer.

21.

Orr, Inc., is

an

"employer"

was, at all times relevant to the

22.

handling

or

Defendants have

otherwise

working

within the

meaning

allegations in this Complaint, Plaintiff's employer.

employees engaged

on

goods

or

in commerce and have

materials that have been moved in

produced for commerce by others.

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employees

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Candle Roark, et al. v. National Park Motors,

inc., et al.

U.S.D.C. (W.D. Ark.) Case No. 6:17-cv-

Original Complaint¡ªCollective Action

or

23.

or

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business done of not less than $500, 000.00

of excise taxes at the retail level that

24.

are

5

(exclusive

separately stated).

Orr Motors of Fort Smith 4, Inc., has, and has had at all relevant

times,

annual gross volume of sales made

(exclusive

business done of not less than

or

of excise taxes at the retail level that

25.

are

$500, 000.00

separately stated).

Orr Motors of Fort Smith 3, Inc., has, and has had at all relevant

times,

annual gross volume of sales made

(exclusive of excise

26.

business done of not less than $500, 000.00

or

taxes at the retail level that are

Orr Motors of

or

sales made

calls

are

separately stated).

Orr, Inc., has, and has had at all relevant times, annual gross volume of

or

business done of not less than

the retail level that

28.

and has had at all relevant times,

business done of not less than $500, 000.00

of excise taxes at the retail level that

27.

separately stated).

Russellville, Inc., has,

annual gross volume of sales made

phone

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Page

National Park Motors, Inc., has, and has had at all relevant

times, annual

gross volume of sales made

(exclusive

Filed 12/18/17

Document 1

Case 6:17-cv-06131-PKH

are

state lines

as

well

use

as

telephone lines for purposes

and automobiles in

used, handled, sold, and/or worked

on,

performing

goods

or

routinely

their

job

use

duties.

materials that

traveled in interstate commerce.

Page

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National Park Motors, Inc., et al.

U.S.D.C. (W.D. Ark.) Case No. 6:17-cvOriginal Complaint¡ªCollective Action

Candle Roark, et al.

v.

of

making

the internet for purposes of out-of-state

communications. In addition, Defendants' workers

phones, computers,

of excise taxes at

separately stated).

Defendants' workers routinely

across

$500, 000.00 (exclusive

or

work with cell

Thus,

were

its

employees

produced

for

or

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