Zendejas v. J.B. Hunt Transport, Inc.
OPINION AND ORDER denying defendant's 41 Motion for Partial Summary Judgment. Signed by Judge Robert E Jones on 05/05/11.(ESL)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
NICHOLAS ZENDEJAS, an individual,
J. B. HUNT TRANSPORT, INC.,
a Georgia corporation,
Richard L. Klauer
RICHARD L. KLAUER PC
4720 E. Cholla Street
Phoenix, AZ 85028
Attorney for Plaintiff
John J. Balitis, Jr.
Whitney S. Meister
FENNEMORE CRAIG PC
3003 N. Central Avenue, Suite 2600
Phoenix, AZ 85012-2913
Attorneys for Defendant
No. 2:10-CV-00631 REJ
OPINION AND ORDER
This action for overtime pay is before the court on defendant’s motion (# 41) for partial
summary judgment. Specifically, defendant seeks a determination as a matter of law on two
issues: (1) whether the Fair Labor Standards Act (“FLSA”) preempts plaintiff’s Arizona
common law and Arizona statutory claims; and (2) the proper method of calculating plaintiff’s
damages, if any.
The court denies the motion as premature. The motion states as a premise that “for
purposes of this Motion only, [assume] that [defendant] improperly categorized Plaintiff as an
exempt employee and now must compensate him for unpaid overtime hours. . . .” Defendant’s
Motion for Partial Summary Judgment, p. 2. I am unwilling to “assume” FLSA liability for the
purpose of reaching past liability to issues of state law preemption and overtime damages, having
once been reversed after expending extraordinary judicial resources determining FLSA and state
law overtime damages before the issues of FLSA and state law liability were fully resolved. See
In re Farmers Ins. Exchange, 466 F.3d 853 (9th Cir. 2006), opinion amended and superseded on
denial of rehearing 481 F.3d 1119 (9th Cir. 2007).
Consequently, defendant’s motion (# 41) is DENIED.
IT IS SO ORDERED.
DATED this 5th day of May, 2011.
/s/ Robert E. Jones
ROBERT E. JONES
U.S. District Judge
2 - OPINION AND ORDER
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