Villalpando v. Exel Direct Inc. et al

Filing 219

ORDER APPROVING PLAINTIFFS' REQUEST TO SUBSTITUTE IN JOSE ALCALA AS A REPRESENTATIVE PLAINTIFF. Signed by Judge Joseph C. Spero on December 1, 2015. (jcslc1S, COURT STAFF) (Filed on 12/1/2015)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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DANIEL VILLALPANDO, et al.,

Case No. 12-cv-04137-JCS

Plaintiffs,
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v.

ORDER APPROVING PLAINTIFFS'
REQUEST TO SUBSTITUTE IN JOSE
ALCALA AS A REPRESENTATIVE
PLAINTIFF

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EXEL DIRECT INC., et al.,
Defendants.

Re: Dkt. No. 215

United States District Court
Northern District of California

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In its summary judgment order, the Court granted Plaintiffs leave to substitute in one or

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more representative plaintiffs who are currently working as delivery drivers for Defendant Exel

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Direct Inc. (n/k/a MXD Group, Inc.) (hereinafter, “Exel/MXD”) to represent current drivers with

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respect to Plaintiffs’ claim for injunctive relief. See Docket No. 210. Plaintiffs have requested

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approval for Mr. Jose Alcala, who has been driving his own truck as an independent contractor for

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Exel/MXD since July 2012 and continues to work in that capacity. Plaintiffs have presented

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evidence that Mr. Alcala will be an adequate class representative under Rule 23(a)(4) of the

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Federal Rules of Civil Procedure. In particular, they have shown that he is subject to the same

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policies that are challenged by Plaintiffs, that he has no conflicts of interest with absent class

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members and that he will competently and vigorously pursue the injunctive relief claim on behalf

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of the absent class members. Accordingly, the Court GRANTS Plaintiffs’ request for approval of

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Mr. Alcala as a class representative in this action.

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IT IS SO ORDERED.
Dated: December 1, 2015
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JOSEPH C. SPERO
Chief Magistrate Judge