United States District Court, S.D. California
MICKEY LEE DILTS, RAY RIOS, and DONNY DUSHAJ, on behalf of themselves and all others similarly situated, Plaintiffs,
PENSKE LOGISTICS, LLC, PENSKE TRUCK LEASING CO., L.P., a Delaware corporation, and DOES 1 through 125, inclusive, Defendants.
ORDER ON JOINT MOTION TO PROVIDE NOTICE OF
DECERTIFICATION TO CLASS MEMBERS [DOC. NO. 374]
Cathy Ann Bencivengo United States District Judge.
initiated this putative class action lawsuit in the Superior
Court of San Diego County on January 17, 2008, alleging
various wage and hour violations. Defendants removed the case
to this Court on January 25, 2008.
April 26, 2010, Judge Sammartino entered an Order certifying
this case as a class action, with twelve subclasses
certified. [Doc. No. 72.] Subsequently, the Court decertified
the Late Meal Period Subclass (Subclass Two), the General
Meal Period Subclass (Subclass Five) and the Rest Period
Subclass (Subclass Six). [Doc. No. 362.]
February 6, 2017, the Court preliminarily approved the class
action settlement. [Doc. No. 372.]
April 21, 2017, the parties filed a Joint Motion to Provide
Notice of Decertification to Class Members. [Doc. No. 374.]
The parties wish to send a notice to the 344 hourly appliance
delivery drivers and installers who have previously received
a class notice advising them of the subclasses at issue that
have been decertified.
considering the parties' joint motion, the Court hereby
GRANTS the motion and
ORDERS that Plaintiffs' counsel shall
send the notice, attached hereto as Exhibit A, to the 344
delivery drivers and installers.
OF DISMISSAL OF CLASS ACTION ALLEGATIONS
Filed: January 17, 2008
OF DISMISSAL OF CLASS ACTION ALLEGATIONS OF DRIVER/INSTALLERS
ALL CALIFORNIA EMPLOYEES OF PENSKE LOGISTICS, LLC AND/OR
PENSKE TRUCK LEASING CO., L.P. (“PENSKE”)
ASSIGNED TO THE WHIRLPOOLAPPLIANCEACCOUNTINCALIFORNIAAS
JANUARY 17, 2004 TO December 31, 2009.
NOTICE MAY AFFECT YOUR RIGHTS PLEASE READ IT