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Mark E. Chadwick (#014991)

MUNGER CHADWICK, P.L.C.

333 North Wilmot, Suite 300

Tucson, Arizona 85711

Telephone: (520) 721-1900

Facsimile: (520) 747-1550

mechadwick@mungerchadwick.com

Attorneys for Plaintiff

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF ARIZONA

ANTHONY NOEL, 

Plaintiff,

vs.

CRANE MEDICAL 

TRANSPORTATION CO., LLC, 

Defendant.

NO. 

COMPLAINT

(Fair Labor Standards Act; Wrongful 

Discharge)

Plaintiff, ANTHONY NOEL, for his Complaint, alleges:

THE PARTIES, JURISDICTION AND VENUE

1. Plaintiff, ANTHONY NOEL (“Noel”) is an individual who resides in 

Pima County, Arizona. 

2. Defendant, CRANE MEDICAL TRANSPORTATION CO., LLC 

(“CRANE TRANSPORT”) is an Arizona limited liability company providing 

transportation services for profit in Pima County, Arizona.

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3. This Court has subject matter jurisdiction pursuant to 29 U.S.C §206,

29 U.S.C §207, 29 U.S.C. § 215, and/or 29 U.S.C §216, and supplemental 

jurisdiction under 28 U.S.C. § 1367.

4. This Court has personal jurisdiction over the parties herein and venue 

in this Court is proper pursuant to 28 U.S.C.A. § 1391(b).

5. Noel demands a jury trial on all contested issues of fact to which a jury 

trial right attaches.

GENERAL ALLEGATIONS

6. Noel incorporates the foregoing allegations as though said allegations 

were fully set forth herein.

7. On or about November 5, 2015, Noel entered into an employment 

agreement with CRANE TRANSPORT under which Noel was to be paid on an hourly 

basis for transportation related services, including but not limited to services under a 

federal contract with the Veteran’s Administration (“Contract”).

8. CRANE TRANSPORT wrongfully discharged Noel on or about December 

25, 2015, for filing a complaint with his superior that concerned, referred, or related to, his 

rights for compensation under the Fair Labor Standards Act, 29 U.S.C. § 201 et. seq.

(“FLSA”).

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COUNT ONE

FAIR LABOR STANDARDS ACT

(29 U.S.C. §201 et seq.)

9. Noel incorporates the foregoing allegations as though those allegations 

were fully set forth herein. 

10. CRANE TRANSPORT is an “employer” under 29 U.S.C. § 203(d) of 

the FLSA, and is subject to the provisions thereof.

11. CRANE TRANSPORT violated the FLSA in multiple respects, 

including but not limited to the following:

a. CRANE TRANSPORT did not pay Noel for all of his work time as 

required under 29 U.S.C. § 201 et. seq. and applicable federal 

regulations, including but not limited to 29 C.F.R. §§ 785.11 –

785.17; 

b. CRANE TRANSORT did not pay Noel for all of the overtime pay 

he should have been paid under 29 U.S.C. § 207 and applicable 

regulations, including but not limited to 29 C.F.R. §§ 785.11 –

785.17; 

c. CRANE TRANSPORT did not pay Noel for all preparatory time 

performed, which was mandated by the employer and integral to the 

job, in violation of the FLSA and 29 C.F.R. §§ 785.24-785.25;

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d. CRANE TRANSPORT did not pay for all of the work time suffered 

by Noel in violation of the FLSA and 29 U.S.C. §§ 785.11 – 785.17;

e. CRANE TRANSPORT arbitrarily reduced actual work time for 

which Noel should have been paid under the FLSA and A.R.S. §23-

355, based on its subjective determinations about how long 

particular tasks should have taken;

f. CRANE TRANSPORT altered Noel’s time records and/or failed to 

keep accurate time records of Noel’s time at work in violation of 29 

U.S.C. § 211 and/or Arizona law; and/or

g. CRANE TRANSPORT failed to pay in a timely manner all amounts 

due under the Contract in violation of the FLSA and A.R.S. § 25-

355.

12. Pursuant to 29 U.S.C. § 216(b), Noel is entitled to recover as damages, 

his wages for all work time that was not fully compensated as required by the 

FLSA and applicable regulations.

13. Pursuant to 29 U.S.C. § 216(b), Noel is entitled to recover liquidated

damages in the amount of double the amounts that were required to be paid under 

the FLSA.

14. Noel is entitled to recover his attorney’s fees and costs under 29 

U.S.C. § 216(b).

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WHEREFORE, Noel demands judgment as prayed for herein.

COUNT TWO

WRONGFUL, RETALIATORY TERMINATION

(29 U.S.C. § 215 et. seq.)

15. Noel incorporates the foregoing allegations as though fully set forth 

herein.

16. On or about December 25, 2015, Noel lodged a complaint with his 

supervisor concerning CRANE TRANSPORT’s illegal wage practices concerning 

(i) non-payment for wages earned while on duty; (ii) the company’s practice of 

requiring Noel and other employees to clock out while on duty; and (iii) CRANE 

TRANSPORT’s failure to pay for actual time worked through its arbitrary 

alterations of Noel’s time records; and/or (iv) improperly deducting mileage 

expenses from Noel’s paycheck.

17. Noel’s complaint identified CRANE TRANSPORT’S conduct that 

violated and/or related to violations of the FLSA, as outlined above.

18. On or about December 25, 2015, CRANE TRANSPORT discharged 

Noel because he submitted a complaint to CRANE TRANSPORT about its 

practices that violated the FLSA.

19. CRANE TRANSPORT’S termination of Noel constitutes a retaliatory 

discharge in violation of the FLSA, 29 U.S.C. § 215(a)(3) and/or 29 U.S.C. § 

218(c).

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20. Noel is entitled to liquidated damages of double the amount of actual 

damages under 29 U.S.C. § 216(b).

21. As a result of CRANE TRANSPORT’S wrongful, retaliatory 

discharge, Noel is entitled to recover compensatory damages for unpaid wages, 

lost future earnings and benefits, liquidated damages under 29 U.S.C. § 216(b),

and punitive damages.

22. As a result of CRANE TRANSPORT’S wrongful retaliatory 

discharge, Noel suffered severe emotional distress.

23. In connection with wrongfully discharging Noel and/or its numerous 

violations of the FLSA, CRANE TRANSPORT consciously disregarded Noel’s 

rights under the FLSA and for timely payment of wages for all worked hours under 

A.R.S. 25-355, acting maliciously with an “evil hand” and an “evil mind,” 

satisfying the requisite state of mind for imposition of punitive damages under 

federal and/or Arizona standards. 

24. CRANE TRANSPORT implemented its policies in violation of the 

FLSA primarily to further its economic self-interest in disregard of Noel and 

similarly situated employees’ rights.

25. Noel is entitled to recover his attorneys’ fees and costs incurred under 

29 U.S.C. § 216(b) and/or other applicable statutes and law.

WHEREFORE, Noel demands judgment as prayed for herein.

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COUNT THREE

UNPAID WAGES UNDER A.R.S. § 12-355

26. Noel incorporates the foregoing allegations as though said allegations 

were fully set forth herein.

27. CRANE TRANSPORT failed to pay Noel all of the wages due for all 

time worked, contrary to the FLSA and A.R.S. § 12-355.

28. Noel is entitled to judgment against CRANE TRANSPORT in an 

amount that is treble the amount of the unpaid wages.

WHEREFORE, Noel demands judgment against Defendant as prayed for 

herein.

WHEREFORE, Noel prays for the following relief:

A. Compensatory damages under the FLSA for all wages that should have 

been paid for time worked but was not;

B. Compensatory damages for all overtime pay that should have been 

paid but was not;

C. Damages for lost earnings and benefits resulting from the wrongful 

discharge under 29 U.S.C. §§ 215(a)(3), 218;

D. Emotional distress damages resulting from the wrongful discharge in 

violation of 29 U.S.C. § 215(a)(3), 218;

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E. Punitive damages in an amount sufficient to punish CRANE 

TRANSPORT and deter future violations; 

F. Attorney’s fees and costs incurred, pursuant to 29 U.S.C. § 216(b) and 

other applicable statutes and law.

G. For such other and further relief as the Court deems just and proper. 

Dated this day of January, 2016.

Mark E. Chadwick

MUNGER CHADWICK, P.L.C.

National Bank Plaza

333 North Wilmot, Suite 300

Tucson, Arizona 85711

By: /s/ Mark E. Chadwick.

 Mark E. Chadwick 

 Attorney for Plaintiff

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