Davenport v. The Wendy's Company et al

Filing 89

ORDER signed by Judge John A. Mendez on 11/9/2015 ORDERING 88 Plaintiff's Motion to Certify Class 45 is hereby DENIED for the reasons stated on the record at the 10/21/2015 hearing [ 85 ]; including that Plaintiff failed to establish predomi nance and superiority as required under Fed. Rule. Civ. Proc. 23; Plaintiff's Motion to Strike Declarations Obtained by Defendant from Putative Class Members 74 is hereby DENIED for the reasons stated on the record at the 10/21/2015 hearing. (Reader, L)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MITCH DAVENPORT, as an individual and on
behalf of all others similarly situated,

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Plaintiff,
vs.
THE WENDY’S COMPANY, a foreign
corporation, WENDY’S RESTAURANTS LLC,
a foreign limited liability company, WENDY’S
INTERNATIONAL, INC. (dba THE
WENDY’S RESTAURANT SYSTEMS IN
THE UNITED STATES), A FOREIGN
CORPORATION, and DOES 1 through 20,
inclusive,

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Case No. 2:14-CV-00931-JAM-DAD
ORDER DENYING PLAINTIFF MITCH
DAVENPORT’S MOTION TO CERTIFY
CLASS [DOCKET 45], AND MOTION TO
STRIKE DECLARATIONS OBTAINED BY
DEFENDANT FROM PUTATIVE CLASS
MEMBERS [DOCKET 74]

Defendants.

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[PROPOSED] ORDER DENYING PLAINTIFF’S MOTION TO CERTIFY CLASS AND
PLAINTIFF’S MOTION TO STRIKE DECLARATIONS OBTAINED BY DEFENDANT
LA 132359996v1

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ORDER
The Court, having considered Plaintiff Mitch Davenport’s (“Plaintiff’s”) Motion to Certify Class

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4 Members [Docket 74], hereby Orders as follows:
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1.

Plaintiff’s Motion to Certify Class [Docket 45] is hereby DENIED for the reasons stated

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on the record at the October 21, 2015 hearing (the transcript of which is expected to be

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available on or about November 23, 2015), including that Plaintiff failed to establish

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predominance and superiority as required under Fed. Rule. Civ. Proc. 23;

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2.

Plaintiff’s Motion to Strike Declarations Obtained by Defendant from Putative Class

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Members [Docket 74] is hereby DENIED for the reasons stated on the record at the

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October 21, 2015 hearing (the transcript of which is expected to be available on or about

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November 23, 2015).

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DATED: 11/9/2015
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/s/ John A. Mendez_________
Honorable John A. Mendez,
United States District Judge

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[PROPOSED] ORDER DENYING PLAINTIFF’S MOTION TO CERTIFY CLASS AND
PLAINTIFF’S MOTION TO STRIKE DECLARATIONS OBTAINED BY DEFENDANT
LA 132359996v1