Garmaliel Aguirre et al v. Genesis Logistics et al

Filing 124

FINAL JUDGMENT by Judge James V. Selna, in favor of Genesis Logistics. See Judgment for more information as to ruling and amounts. (MD JS-6, Case Terminated). (twdb)

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DESAI LAW FIRM, P.C.
Aashish Y. Desai, Esq. (SBN 187394)
M. Adrianne De Castro, Esq. (SBN 238930)
3200 Bristol St., Ste. 650
Costa Mesa, CA 92626
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]

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Attorneys for Plaintiffs

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JS-6

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UNITED STATES DISTRICT COURT

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CENTRAL DISTRICT OF CALIFORNIA

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Plaintiffs,
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v.
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GENESIS LOGISTICS INC., an Ohio
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corporation, and DOES 1-100, inclusive, )
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Defendants.
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GARMALIEL AGUIRRE, LUIS
BERNAL, KAREEM CRAIG, GREG
GUERRERO, MARTHA
HILDEBRAND, BRET LAMBOURNE,
MATTHEW LAMBOURNE, DAN LE
BOEUF, CARLOS MARTINEZ, BRIAN
MATA, JOHN M. ORTEGA,
ANTHONY ORTIZ, HENRY RENDON,
KENNY SWAILS, and all other
“aggrieved” employees,

CASE NO.: SAVC12-00687-JVS
(ANx)
FINAL JUDGMENT

Complaint Filed: May 2, 2012

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FINAL JUDGMENT
4515904v1

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The parties to this case, representative plaintiffs Garmaliel Aguirre, Luis
Bernal, Kareem Craig, Greg Guerrero, Martha Hildebrand, Bret Lambourne,
Matthew Lambourne, Dan Le Bouef, Carlos Martinez, Brian Mata, John M.
Ortega, Anthony Ortiz, Henry Rendon, Kenny Swails and the certified class that
they represent (collectively, “Plaintiffs”), and defendant Genesis Logistics, Inc.,
erroneously sued as Genesis Logistics (“Genesis”), hereby submit the following
judgment for approval and entry by this Court:

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RECITALS

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1.

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On March 26, 2013, the Court granted Plaintiffs’ Motion for Class
Certification, and certified the following classes of Plaintiffs:

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(a)

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Inaccurate Wage Statement Class: All drivers employed by

Genesis Logistics, Inc. in California who were subject to Activity-

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Based Compensation under the Collective Bargaining Agreement

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between Genesis and Teamsters Local Union No. 396 from May 2,

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2011, to the present.

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(b)

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Waiting Time Class:

All drivers employed by Genesis

Logistics, Inc. in California who were subject to Activity-Based

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Compensation under the Collective Bargaining Agreement between

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Genesis and Teamsters Local Union No. 396, and whose

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employment terminated from May 2, 2009, to the present.

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(c)

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Failure to Pay All Wages Earned and Minimum Wage

Class: All drivers employed by Genesis Logistics, Inc. in California

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who were subject to Activity-Based Compensation under the

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Collective Bargaining Agreement between Genesis and Teamsters

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Local Union No. 396 from May 2, 2008, to the present.

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FINAL JUDGMENT
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2.

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Genesis filed a motion for judgment on the pleadings, and the parties
filed extensive cross-motions for summary judgment.

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The Court, having now considered the parties’ motions, memoranda
of points and authorities, statements of uncontroverted facts and

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conclusions of law, supporting declarations and evidence, as well as

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having considered the other pleadings, records, and documents on

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file in this action, and having issued Orders, Docket Numbers 39, 93,

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and 119, detailing its rulings, hereby decrees as follows:

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JUDGMENT

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IT IS HEREBY ORDERED AND ADJUDGED that judgment is
entered as follows:

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1.

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claims under the Private Attorney General Act (“PAGA”) and the

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Unfair Competition Law (“UCL”) (California Labor Code Section

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2699 et. seq.; California Labor Code Sections 226.7 and 512;

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California Business and Professional Code Section 17200 et. seq.) as

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preempted by the Federal Aviation Administration Authorization

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Judgment in favor of Genesis on Plaintiffs’ meal and rest break

Act, 49 U.S.C. 14501 et seq.;
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Judgment in favor of Genesis on Plaintiffs’ claim for unpaid wages
under the PAGA and UCL (California Labor Code Section 2699 et.

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seq.; California Labor Code Sections 204, 1197-98; California

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Business and Professional Code Section 17200 et. seq.); as

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preempted by Section 301 of the federal Labor Management

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Relations Act (“LMRA”);

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FINAL JUDGMENT
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3.

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under PAGA and the UCL (California Labor Code Section 2699 et.

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seq.; California Labor Code Sections 201-203; California Labor

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Code Sections 201-203; California Business and Professional Code

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Section 17200 et. seq.) as preempted by Section 301 of the LMRA;
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Labor Code Section 226) in the amount of $500,000.00, with the

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possibility of an additional $100,000.00 per month under the PAGA,

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up to a maximum total of an additional $500,000.00, for every month

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past December 15, 2013, that Genesis does not submit a declaration

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demonstrating compliance with Labor Code Section 226(a);
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Judgment in favor of Genesis on Plaintiffs’ wage statement claims
under the UCL (California Labor Code Section 226; California

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Business and Professional Code Section 17200 et. seq.); for lack of

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Judgment in favor of Plaintiffs on their wage statement claims under
the PAGA (California Labor Code Section 2699 et. seq., California

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Judgment in favor of Genesis on Plaintiffs’ waiting time claims

statutory standing.
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Judgment in favor of Genesis on Plaintiffs’ record-keeping claims
under PAGA and the UCL (California Labor Code Section 2699 et.

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seq.; California Labor Code Sections 226 and 1174; California

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Business and Professional Code Section 17200 et. seq.).

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DATED:_January 14, 2014

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________________________________
The Honorable Judge James V. Selna
United States District Court

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