Order | Filed: July 14, 2026
| Entered: July 14, 2026
BROWNFIELD v. EARTHWISE ENVIRONMENTAL SOLUTIONS LLC
Labor: Fair Standards | Pennsylvania Western
Order on Motion to Dismiss for Failure to State a Claim
ORDER GRANTING 25 Motion to Dismiss Crossclaims and Third-Party Complaint filed by BSCORP 1, INC. and JOSEPH EORI, SR. In the 1 Complaint, Plaintiff Justin Brownfield alleges that Defendant Earthwise Environmental Solutions (EES), which does business as Big's Sanitation, failed pay to him and other similarly situated employees overtime compensation in violation of the Fair Labor Standards Act ("FLSA"), 29 U.S.C. § 201, and the Pennsylvania Minimum Wage Act ("PMWA"), 43 P.S. 333.100. EES purchased Big's Sanitation from third-party Defendants BSCORP and Mr. Eori on 9/14/2023. ECF No. 26 at 3. Under the terms of the purchase agreement, EES agreed to hire all former Big's employees. Id. The purchase agreement further provided that BSCORP and Mr. Eori retain any liabilities for claims related to, inter alia, employee pay practices arising before 9/14/2023. Id. at 4. Mr. Brownfield began working for Big's Sanitation on 5/17/2024, after BSCORP and Mr. Eori sold the business to EES. Id. at 3. Mr. Brownfield filed the instant lawsuit on 9/18/2025, naming BSCORP, Mr. Eori, and EES as Defendants. ECF No. 1. On 11/20/2025, EES filed crossclaims and a third-party complaint against BSCORP and Mr. Eori. ECF No. 11 at 19-24, ECF No. 12. In the crossclaims and third-party complaint, EES asserts that, pursuant to the retained liabilities clause in the purchase agreement, BSCORP and Mr. Eori must indemnify EES against any claims related to conduct occurring before 9/14/2023. Id. On 1/21/2026, in response to a joint stipulation of dismissal filed by Mr. Brownfield, BSCORP and Mr. Eori, the Court dismissed BSCORP and Mr. Eori without prejudice as Defendants. ECF Nos. 23, 24. On 2/2/2026, the Court issued an Order clarifying that BSCORP and Mr. Eori remained as third-party and cross-defendants. ECF No. 27. Mr. Brownfield's FLSA and PMWA claims are subject to a three-year statute of limitations. See 29 U.S.C. § 255(a); 43 P.S. § 260.9a(g). Thus, any FLSA or PMWA claims against BSCORP and/or Mr. Eori expire on 9/13/2026. The Court has not yet conditionally certified an FLSA collective or a Rule 23 state law class, and thus no additional plaintiffs have joined this lawsuit to date. BSCORP and Mr. Eori now seek dismissal without prejudice of EESs third-party and crossclaims. ECF No. 25. BSCORP and Mr. Eori argue that, because there is no plaintiff in this case with a claim arising before 9/14/2023, EES fails to allege any facts that would trigger its indemnification rights against them. ECF No. 26. BSCORP and Mr. Eori contend that "EES loses nothing" if the 25 Motion is granted because EES can refile an indemnification claim "if and when an appropriate individual opts in." Id. at 12. BSCORP and Mr. Eori argue that "[u]ntil then," they "should be spared the time, costs and burden of litigating a case in which it has no stake." Id. EES opposes the 25 Motion to Dismiss. ECF No. 28. EES acknowledges that Mr. Brownfield only worked for EES and was never employed by BSCORP or Mr. Eori. Id. at 8. But EES argues that, because "nothing requires [Mr.] Brownfield [to] refile against BSCORP [and Mr. Eori] even if he finds potential plaintiffs with claims against [] BSCORP[,]" dismissal of its cross-claims and third-party complaint against BSCORP and Mr. Eori "might expose EES to claims for acts that were committed by BSCORP [] and [Mr.] Eori [] when they owned the business." Id. at 12-13. The Court is not persuaded by EES's argument that dismissing BSCORP and Mr. Eori could expose it to liability for claims related to BSCORP and Mr. Eori's pre-sale conduct. If a plaintiff with claims related to such pre-sale conduct opts in, then EES may move under Federal Rule of Civil Procedure 14(a) to implead BSCORP and Mr. Eori at that time. Gilliland v. Geramita, No. 2:05-CV-01059, 2006 WL 3308443, at *2 (W.D. Pa. Oct. 31, 2006) ("Pursuant to Rule 14(a), joinder of third parties may be sought 'at any time,' although leave of court is necessary unless the third-party complaint is filed within ten days of the original answer."). Until such time, BSCORP and Mr. Eori should be spared the burden of litigating this case. Therefore, IT IS HEREBY ORDERED that BSCORP 1, INC. and JOSEPH EORI, SR.'s 25 Motio... (truncated)