Dilts et al v. Penske Logistics, LLC., et al

Filing 375

ORDER on Joint Motion to Provide Notice of Decertification to Class Members [Doc. No. #374 ]. Signed by Judge Cathy Ann Bencivengo on 4/28/2017. (jjg)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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MICKEY LEE DILTS, RAY RIOS, and
DONNY DUSHAJ, on behalf of
themselves and all others similarly
situated,

Case No.: 3:08-CV-00318-CAB-(BLM)
ORDER ON JOINT MOTION TO
PROVIDE NOTICE OF
DECERTIFICATION TO CLASS
MEMBERS
[Doc. No. 374]

Plaintiffs,

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v.

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PENSKE LOGISTICS, LLC, PENSKE
TRUCK LEASING CO., L.P., a Delaware
corporation, and DOES 1 through 125,
inclusive,

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Defendants.

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Plaintiffs initiated this putative class action lawsuit in the Superior Court of San

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Diego County on January 17, 2008, alleging various wage and hour violations. Defendants

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removed the case to this Court on January 25, 2008.

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On April 26, 2010, Judge Sammartino entered an Order certifying this case as a class

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action, with twelve subclasses certified.

[Doc. No. 72.]

Subsequently, the Court

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decertified the Late Meal Period Subclass (Subclass Two), the General Meal Period

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Subclass (Subclass Five) and the Rest Period Subclass (Subclass Six). [Doc. No. 362.]

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3:08-CV-00318-CAB-(BLM)

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On February 6, 2017, the Court preliminarily approved the class action settlement.
[Doc. No. 372.]

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On April 21, 2017, the parties filed a Joint Motion to Provide Notice of

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Decertification to Class Members. [Doc. No. 374.] The parties wish to send a notice to

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the 344 hourly appliance delivery drivers and installers who have previously received a

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class notice advising them of the subclasses at issue that have been decertified.

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After considering the parties’ joint motion, the Court hereby GRANTS the motion

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and ORDERS that Plaintiffs’ counsel shall send the notice1, attached hereto as Exhibit A,

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to the 344 delivery drivers and installers.

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IT IS SO ORDERED.
Dated: April 28, 2017

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The undersigned has not affixed her signature to the Notice, finding it unnecessary and potentially
confusing to the recipient.
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3:08-CV-00318-CAB-(BLM)

Exhibit A

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
MICKEY LEE DILTS, RAY RIOS,
and DONNY DUSHAJ, on behalf of
themselves and all others similarly
situated,

Case No.: 08CV0318 CAB (BLM)
Crtroom.: 4C
Honorable Cathy Ann Bencivengo
CLASS ACTION

Plaintiffs,
NOTICE OF DISMISSAL OF CLASS
ACTION ALLEGATIONS

vs.
PENSKE LOGISTICS, LLC,
PENSKE TRUCK LEASING CO., L.P., a
Delaware corporation, and DOES 1
through 125, inclusive,

Action Filed: January 17, 2008

Defendants.
NOTICE OF DISMISSAL OF CLASS ACTION
ALLEGATIONS OF DRIVER/INSTALLERS AND/OR HELPER/INSTALLERS
TO:

ALL CALIFORNIA EMPLOYEES OF PENSKE LOGISTICS, LLC AND/OR
PENSKE TRUCK LEASING CO., L.P. (“PENSKE”) ASSIGNED TO THE
WHIRLPOOL
APPLIANCE
ACCOUNT
IN
CALIFORNIA
AS
“DRIVER/INSTALLERS”
AND/OR
“HELPER/INSTALLERS”
FROM
JANUARY 17, 2004 TO December 31, 2009.
THIS NOTICE MAY AFFECT YOUR RIGHTS
PLEASE READ IT CAREFULLY
BASIC INFORMATION

The purpose of this Notice is to inform you that, as a Driver/Installer or Helper/Installer,
your rights are affected by the proceedings in a class action lawsuit pending before the
Honorable Cathy Ann Bencivengo of the United States District Court, Southern District of
California (the “Court”). This Notice is given by Order of the Court.
As you may know, former employees of Penske Logistics and/or Penske Truck Leasing
Co., L.P. (“Penske”) on the Whirlpool Account in California sued Penske for alleged failure by
Penske to provide timely meal periods for shifts in between 6 hours and 1 minute and 10 hours,
as well as a claim that Penske failed to provide rest periods to employees who worked shifts in
excess of 3 and 1/2 hours.
On April 26, 2010, the Court certified this matter as a class action making you a class
member of this lawsuit. However, on July 20, 2016, the Court decertified the claim alleging that
Penske prohibited class members from taking timely 30-minute meal periods during shifts
worked between 6 hours and one minute and 10 hours. Further, the Court decertified the
previously certified claim that Penske did not provide for rest breaks or discouraged or prevented
employees from taking them. As such, portions of the Class Notice you may have received in or
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about October 28, 2010 regarding class certification in this case no longer apply.
WHO IS AFFECTED
The following subclasses have been decertified:
Subclass Two: All Class Members who received meal periods more than six hours after clocking
in during the Class Period, as shown by defendants’ time records, dispatch logs, or other
company records (Late Meal Period Subclass);
Subclass Five: All Class Members who worked shifts between 6 hours and one minute and 10
hours during the Class Period whose time records show no meal periods taken (General Meal
Period Subclass); and
Subclass Six: All Class Members who worked shifts in excess of three and one-half hours during
the Class Period (Rest Period Subclass).
YOUR RIGHTS AND OPTIONS
If you wish to pursue any claims you may still have as a Driver/Installer and/or
Installer assigned to the Whirlpool Account, you need to consult an attorney and/or file
your own individual claim. THE LAW FIRM OF COHELAN KHOURY & SINGER
DOES NOT REPRESENT YOU FOR INDIVIDUAL CLAIMS. The statute of limitations
involving your claims did not run during the time this action was filed (January 17, 2008)
through the date the Court decertified the claims but began to run again as of July 20, 2016 for
the late and general meal period claims and the rest period claims.
QUESTIONS
If you have any questions or concerns about this Notice, you may contact Plaintiffs’
attorneys directly as follows:
Michael D. Singer, Esq.
J. Jason Hill, Esq.
COHELAN KHOURY & SINGER
605 C Street, Suite 200
San Diego, CA 92101-5305
Tel: [phone]/ toll free [phone]
Email: [e-mail]
[e-mail]
PLEASE DO NOT ADDRESS ANY QUESTIONS TO THE COURT.

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