United States District Court, C.D. California
Brian Vester, et al.
Werner Enterprises, Inc., et al.
Attorneys Present for Plaintiffs: Grace E. Parasmo Yitzchak
Attorneys Present for Defendants: John Kevin Lilly
Present: The Honorable GEORGE H. WU, UNITED STATES DISTRICT
CIVIL MINUTES - GENERAL
DEFENDANTS WERNER ENTERPRISES, INC. AND DRIVERS MANAGEMENT,
LLC'S MOTION TO TRANSFER VENUE ; PLAINTIFFS'
MOTION TO REMAND ; SCHEDULING CONFERENCE
hears oral argument. The Tentative circulated and attached
hereto, is adopted as the Court's Final Ruling. The Court
GRANTS the motion to transfer venue to the Nebraska federal
district court  under the first-to-file rule. In light of
this decision, Plaintiffs' motion to remand  filed to
this Court is MOOT.
Vester et al. v. Werner Enterprises, Inc. et
al., Case No. 5:17-cv-00096-GW-DTB Tentative
Rulings on: (1) Defendants' Motion to Transfer (Docket
No. 14), and (2) Plaintiffs' Motion to Remand (Docket No.
Brian Vester (“Vester”) and Joel Morales
(“Morales”) assert various wage-and-hour claims
against Defendants Werner Enterprises, Inc. and Drivers
Management, LLC on behalf of a proposed class of truck
drivers employed by Defendants in California. See
generally Notice of Removal, Ex. A
(“Complaint”), Docket No. 1.
seek to represent the following class (“Class”):
“[A]ll current and former employees of Defendants who
work or worked for Defendants as truck drivers exclusively in
the State of California throughout the period of December 15,
2012 through the date that the Court certifies the Class (the
‘Class Period').” Id. ¶ 12.
allege the following relevant facts:
is a California resident who was employed as a truck driver
by Defendants during approximately June or July 2007 through
August 2013. Id. ¶ 10. Morales is also a
California resident who began his employment with Defendants
in April 2007 and is currently employed as a truck driver by
Defendants. Id. ¶ 11.
own and operate a trucking company that transports freight
throughout the United States. Id. ¶ 23. Their
area of operation (including routes, pick-up, and drop-off
locations) for some of their dedicated accounts is confined
to California. Id. ¶ 24. Naked Juice is one
such account, to which Plaintiffs were assigned. Id.
¶ 25. Plaintiffs, like the other truck drivers assigned
to this account, transported juice between various locations
in California. Id.
the Class Period, Defendants uniformly compensated Plaintiffs
on a “cents per-mile, ” piece-rate basis.
Id. ¶ 28. Defendants also provided limited
supplemental pay, also earned on piece-rate basis, for
example, based on miles driven or the number of stops made on
a trip. Id. ¶ 29.
result of their uniform and class wide piece-rate
compensation system, Defendants had a policy and practice of
systematically failing to provide separate hourly pay for
time spent by Plaintiffs on rest and recovery periods and
performing other non-driving activities including: waiting
time, cleaning or maintaining their trucks, detention time,
fueling, safety inspections, moving trailers, mandatory
computer-based learning, ...