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Gregory Parker, Individually and On v. Granted Fedex National

December 6, 2010

GREGORY PARKER, INDIVIDUALLY AND ON
BEHALF OF OTHER MEMBERS SIMILARLY SITUATED, PLAINTIFF,
v.
GRANTED FEDEX NATIONAL, INC. ET AL.,
DEFENDANTS.



The opinion of the court was delivered by: Michael J. Seng United States Magistrate Judge

FINDINGS AND RECOMMENDATION

(ECF Nos. 10, 12 & 21)

RECOMMENDING THAT DEFENDANTS' MOTION TO CHANGE VENUE BE OBJECTIONS (IF ANY) DUE WITHIN THIRTY DAYS

In this wage and hour dispute, Plaintiff Gregory Parker seeks to recover unpaid wages from Defendants FedEx National Inc., FedEx Corporation, and Watkins Motor Lines (collectively "Defendants"). Plaintiff has filed the case as a class action, but no class has been certified.

Before the Court is Defendants' Motion to Transfer Venue pursuant to 18 U.S.C. § 1404. The Motion was referred to the undersigned for Findings and Recommendation pursuant to 28 U.S.C. § 636(b)(1)(B).

For the reasons that follow, the Court recommends that the Motion to Transfer be GRANTED.

I. FACTUAL BACKGROUND

A. Parker's Claims in the Instant Action

On June 7, 2010, Plaintiff Gregory Parker filed the instant action in Kern County Superior Court on behalf of himself and others similarly situated alleging that Defendants committed various wage and hour law violations. On July 30, 2010, Defendants removed the case to this Court pursuant to the Class Action Fairness Act, 28 U.S.C. § 1332(d).

Plaintiff purports to represent a class of line-haul truck drivers who operated within California, drove for Defendants, and were paid, at least in part, based upon the number of miles driven. Plaintiff proposes a second class to be made up of any employee of Defendants who received a wage statement in the year prior to the filing of this action. Plaintiff alleges that line-haul truck drivers were not compensated for time spent performing required tasks other than driving, including connecting and disconnecting trailers, waiting for trucks to be repaired, and waiting for trailers to be loaded. Plaintiff also alleges that line-haul drivers' schedules did not permit sufficient meal and/or break periods.

Plaintiff brings ten causes of action alleging various wage and hour law violations:

(1) unpaid overtime, (2) unpaid meal break premiums, (3) unpaid rest period premiums,(4) unpaid minimum wages, (5) non-compliant wage statements, (6) wages not timely paid on termination, (7) wages not timely paid during employment, (8) breach of implied-in-fact contract, (9) promissory estoppel, and (10) violation of business and professions code §§ 17200 et seq. On behalf of the two proposed classes, Plaintiff seeks monetary relief, injunctive relief, and attorney's fees.

Defendants filed the instant motion on September 20, 2010 before discovery had commenced in this action.

B. Cases Pending in Central District

Currently pending before Judge Dale S. Fischer in the Central District of California are two actions that Defendants allege are related to the instant case. In Robertson v. FedEx National, et al., Case No. CV 09-05016 DSF (FFMx) ("Robertson"), the plaintiff brings wage and hour claims against the same defendants named here. Robertson, also a truck driver, alleges that the defendants failed to compensate drivers for time spent waiting on loads to be ready, for time worked in excess of twelve hours in a day, and for inadequate meal and rest periods. When counsel failed to file a timely class certification motion, the Court struck Robertson's class claims. The ...


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