Juan Saravia v. Dynamex, Inc. et al

Filing 159

NOTICE RE DECERTIFICATION MOTION. Signed by Judge Alsup on 7/20/16. (whalc1, COURT STAFF) (Filed on 7/20/2016)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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JUAN SARAVIA, individually and on
behalf of all others similarly situated,

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For the Northern District of California

United States District Court

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Plaintiff,

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No. C 14-05003 WHA

v.

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DYNAMEX, INC., DYNAMEX FLEET
SERVICES, INC., DYNAMEX
OPERATIONS EAST, INC., and
DYNAMEX OPERATIONS WEST, INC.,

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Defendants.

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NOTICE RE
DECERTIFICATION MOTION

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On the motion to decertify, plaintiffs’ counsel shall set forth in detail in their opposition

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a plan to try the case on a class-wide basis, including specifically a method of proof to establish

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liability across the board on a class-wide basis. Put differently, how can we avoid a trial within

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a trial as to each opt-in’s situation, for example, to find out how many employees work for each

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opt-in and so forth. Both sides shall further brief (movant on its reply) what would keep, if we

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did decertify, each opt-in from commencing his own action against Dynamex in this court. Is

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opting-in equivalent to intervention such that we must keep all of the opt-ins as individual

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plaintiffs anyway?

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Dated: July 19, 2016

WILLIAM ALSUP
UNITED STATES DISTRICT JUDGE