UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA
June 13, 2012
AVIS BUDGET GROUP LLC ET AL
The opinion of the court was delivered by: Honorable A. Howard Matz, U.S. District Judge
CIVIL MINUTES - GENERAL
Present: The Honorable A. HOWARD MATZ, U.S. DISTRICT JUDGE
Stephen Montes Not Reported Deputy Clerk Court Reporter / Recorder Tape No. Attorneys NOT Present for Plaintiffs: Attorneys NOT Present for Defendants: Proceedings: IN CHAMBERS (No Proceedings Held)
In filing this suit, Plaintiff David Thomas named "Avis Budget Group LLC" as the defendant. (Notice of Removal at 11.) The sole defendant that answered Plaintiff's complaint is "Budget Rent A Car System, Inc." This defendant claims (1) that it was Plaintiff's employer, (2) that Plaintiff erroneously named Avis Budget Group LLC in filing this suit, and (3) that there is no entity named Avis Budget Group LLC. (Opp. to Mot. for Class Certification at 1 n.1.) In response, Plaintiff contends that this case is "not limited to Budget Rent A Car System, Inc." and that "Avis Budget Group LLC and Avis Budget Car Rental LLC is [sic] the proper employer." (Reply to Mot. for Class Certification at 13.)
Plaintiff's Motion for Class Certification seeks to certify four sub-classes of Customer Service Representatives who were or are currently employed by "Avis Budget." (Mot. at 3.) The motion does not even mention the purported class to which any sub-class would relate.
Accordingly, the Court ORDERS Plaintiff to show cause in writing, by no later than 4:00 p.m., on June 14, 2012, as follows:
1. That Plaintiff served and filed a proof of service as to "Avis Budget Group LLC" and/or Avis "Budget Car Rental LLC." Any such proof of service should be attached to Plaintiff's statement.
2. Assuming that Plaintiff has served any such entity, why Plaintiff has not sought an entry of Default as to it.
3. How any court could certify sub-classes absent a class.
Initials of Preparer SMO
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