Clayton v. Knight Transportation, Inc.

Filing 44

ORDER Adopting 41 Findings and Recommendations, signed by District Judge Lawrence J. O'Neill on 8/20/12. Motion to Certify Class 17 Granted. (Gonzalez, R)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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DON CLAYTON, et al,.

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Plaintiffs,
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vs.
KNIGHT TRANSPORTATION, Inc.,
Defendant.

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1:11cv0735 LJO DLB
ORDER ADOPTING FINDINGS AND
RECOMMENDATIONS
(Document 41)

On July 16, 2012, the Magistrate Judge issued Findings and Recommendations that

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Plaintiff’s Motion for Class Certification be GRANTED. The Findings and Recommendations

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were served on all parties appearing in the action and contained notice that any objections were

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to be filed within thirty (30) days of the date of service of the order. On August 15, 2012,

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Defendant filed objections.

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In accordance with the provisions of 28 U.S.C. § 636 (b)(1)(C), this Court has conducted
a de novo review of the case. Having carefully reviewed the entire file, including Defendant’s
objections, the Court concludes that the Magistrate Judge’s Findings and Recommendations are
supported by the record and proper analysis.

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Accordingly, IT IS HEREBY ORDERED that:
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FULL;

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The Findings and Recommendations issued July 16, 2012, are ADOPTED IN

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Plaintiff’s Motion for Class Certification is GRANTED; and

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The following classes are certified:

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(A)
Orientation Pay Class: All current and former truck drivers employed by
Knight Transportation, Inc., who were based in the State of California, and who
participated and/or attended a classroom orientation in the State of California
during the period from March 9, 2007, through the present (the “Class
Period”),excluding those who participated in the on-line course in place of
classroom training;

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(B)
Cal. Labor Code § 203 Class: consisting of former employees of the
Orientation Pay Class;

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(C)
Cal. Labor Code § 226 Class: consisting of members of the Orientation
Pay Class who attended orientation within one-year before this lawsuit was filed;
and

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(D)
Cal. Bus. & Prof. Code §17200 Class: co-extensive with the Orientation
Pay Class.

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IT IS SO ORDERED.
Dated:

/s/ Lawrence J. O’Neill

August 20, 2012

UNITED STATES DISTRICT JUDGE

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DEAC_Signature-END:

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b9ed48bb

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