Villalpando v. Exel Direct Inc. et al

Filing 332

COURT'S PROPOSED NEUTRAL STATEMENT OF THE CASE. Signed by Judge Joseph C. Spero on May 26, 2016. (jcslc1S, COURT STAFF) (Filed on 5/26/2016)

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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.

COURT'S PROPOSED NEUTRAL
STATEMENT OF THE CASE

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EXEL DIRECT INC., et al.,
Defendants.

United States District Court
Northern District of California

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The Court requested that the parties provide a joint neutral statement of the case to read to

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the jury at the outset of the trial in this action. As the parties were unable to agree, the Court

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proposes the following neutral statement to be read to the jury:

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This is a class action brought on behalf of individuals who have
worked as delivery drivers for Exel in California. Exel, the
“Defendant,” is a company that contracts with various retail
establishments to provide home delivery services. These services
are provided by Exel’s delivery drivers, also called “Plaintiffs” or
“Drivers,” who deliver merchandise that customers have purchased
at the retail establishments to the customers’ homes. Earlier in the
case, the Court ruled that although Exel classified the Drivers as
“independent contractors,” the Drivers are actually “employees”
under the applicable law. The Drivers contend that Exel denied
them their legal rights as employees by failing to reimburse them for
out-of-pocket work expenses, failing to pay them overtime, failing
to pay them for time spent in morning meetings before making
deliveries, and failing to provide off duty meal and rest breaks. The
Drivers also claim that Exel has unlawfully deducted money from
their wages to cover Exel’s own operating costs. Exel denies that it
has violated these rights, asserting that it has satisfied its obligations
to Plaintiffs as their employer. All of the Drivers who are Plaintiffs

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in this case made at least one home delivery for Exel at some point
during the period of June 14, 2009, to January 6, 2015.

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Dated: May 26, 2016
______________________________________
JOSEPH C. SPERO
Chief Magistrate Judge

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United States District Court
Northern District of California

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