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Dilts v. Penske Logistics, LLC

United States District Court, S.D. California

April 28, 2017

MICKEY LEE DILTS, RAY RIOS, and DONNY DUSHAJ, on behalf of themselves and all others similarly situated, Plaintiffs,
v.
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]

          Hon. Cathy Ann Bencivengo United States District Judge.

         Plaintiffs 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.

         On 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.]

         On February 6, 2017, the Court preliminarily approved the class action settlement. [Doc. No. 372.]

         On 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.

         After considering the parties' joint motion, the Court hereby GRANTS the motion and ORDERS that Plaintiffs' counsel shall send the notice[1], attached hereto as Exhibit A, to the 344 delivery drivers and installers.

         IT IS SO ORDERED.

         CLASS ACTION

         NOTICE OF DISMISSAL OF CLASS ACTION ALLEGATIONS

         Action Filed: January 17, 2008

         NOTICE OF DISMISSAL OF CLASS ACTION ALLEGATIONS OF DRIVER/INSTALLERS AND/OR HELPER/INSTALLERS

         TO: ALL CALIFORNIA EMPLOYEES OF PENSKE LOGISTICS, LLC AND/OR PENSKE TRUCK LEASING CO., L.P. (“PENSKE”) ASSIGNED TO THE WHIRLPOOLAPPLIANCEACCOUNTINCALIFORNIAAS “DRIVER/INSTALLERS”AND/OR“HELPER/INSTALLERS”FROM JANUARY 17, 2004 TO December 31, 2009.

         THIS NOTICE MAY AFFECT YOUR RIGHTS PLEASE READ IT CAREFULLY

         BASIC ...


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