Moreno et al v. AutoZone, Inc

Filing 281

ORDER amend class notice (crblc2, COURT STAFF) (Filed on 9/19/2008)

1 2 3 4 5 6 7 8 9 10 United United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF CALIFORNIA

MORENO ET AL, Plaintiff, v. AUTOZONE, INC, Defendant. /

No. C 05-04432 CRB ORDER

On September 12, 2008, the Court received Plaintiff's Proposed Class Notice. Defendant submitted objections shortly thereafter. The Court agrees that Plaintiff must restrict the Class Notice to former employees who separated from AutoZone at any time from November 1, 2004 through May 30, 2008. Pursuant to McCoy v. Superior Court, 157 Cal. App. 4th 225, 229 (2007), the remedy available for a violation of California Labor Code § 203 is a "penalty," not the payment of wages. Accordingly, the statute of limitations applicable to this action is one year. See id. at 233. Plaintiff shall also strike "wages" from the statement of recovery. The Court orders Plaintiff amend the notice so that it describes AutoZone's defenses, as set forth in Defendant's Objections to Class Notice. Plaintiff shall also identify defense counsel by name, firm, address, and phone number.

1 2 3 4 5 6 7 8 9 10 United States District Court For the Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Plaintiff is ordered to submit an amended Class Notice that meets these requirements by Tuesday, September 23, 2008. Defendant shall submit any objections by Friday, September 26, 2008. IT IS SO ORDERED.

Dated:

September 19, 2008

CHARLES R. BREYER UNITED STATES DISTRICT JUDGE

G:\CRBALL\2005\4432\amend class notice order.wpd

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