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Smith v. Red Robin Internation

United States District Court, S.D. California

March 31, 2017

GREG SMITH and MICHELLE AYALA, on behalf of themselves and all others similarly situated, Plaintiffs,
v.
RED ROBIN INTERNATION, dba RED ROBIN BURGER AND SPRITS EMPORIUMS, a Nevada Corp., and DOES 1 through 10, inclusive, Defendants.

          ORDER DENYING PLAINTIFFS' MOTION FOR CLASS CERTIFCATION [DOC. NO. 39]

          JOHN A. HOUSTON, United States District Judge

         Plaintiffs move to certify this action seeking relief for failure to pay overtime wages, failure to timely pay wages at separation, failure to provide accurate itemized wage statements, unfair business practices and violations of the Private Attorneys General Act of 2004 (“PAGA”). Defendants oppose the motion. After a thorough review of the parties' submissions, the Court DENIES Plaintiff's motion.

         BACKGROUND

         Plaintiffs, Greg Smith and Michelle Ayala, originally filed a complaint in Superior Court of California, County of San Diego, and filed an amend complaint on April 30, 2014, against Red Robin International, Inc. for failure to pay overtime wages in violation of California Labor Code sections 204, 510, 1194, 1198; failure to timely pay wages at separation in violation of California Labor Code sections 201-203; failure to provide accurate itemized wage statements in violation of California Labor Code section 226; unfair business practices in violation of Unfair Competition Law (“UCL”), California Business and Professions Code sections 17200-17208; and violations of PAGA, California Labor Code sction 2698, et. seq. Plaintiffs allege Defendant misclassified certain managers, and those with similar title and duties, as exempt from overtime pay, resulting in non-payment of overtime compensation. First Amended Complaint (“FAC”) ¶¶ 1, 2 (Doc. No. 1-3). Defendant removed the action to federal court on June 12, 2014.

         Plaintiffs now seek class certification. Defendant filed an opposition to the motion and Plaintiffs filed a reply. Finding the motion suitable for hearing without oral argument, the Court took the matter under submission pursuant to Local Rule 7.1.

         DISCUSSION

         Plaintiffs seek to certify the following class:

All Defendant's California restaurant managers classified as exempt, reporting to a General Manager, from March 25, 2010 to the date of trial.
Plaintiffs also seek to certify the following subclasses:
Overtime Subclass:
All members of the Plaintiff Class not paid the legally required overtime rate for all hours worked in excess of eight (8) hours per workday or forty (40) hours per workweek.
Waiting Time Subclass:
All members of the Plaintiff Class who separated from their employment voluntarily or involuntarily, to whom Defendants knowingly ...

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