Nance v. May Trucking Company et al

Filing 204

JUDGMENT - Signed on 11/13/2017 by Judge Marco A. Hernandez. (pg)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
PORTLAND DIVISION

SCOTT NANCE and FREDERICK
FREEDMAN, an individual, on behalf of
themselves, all others similarly situated, and
the general public,
Plaintiffs,

Case No. 3:12-cv-01655-HZ

JUDGMENT

v.
MAY TRUCKING COMPANY, an Idaho
corporation; DOES 1 through 100,
Defendant( s).

HERNÁNDEZ, District Judge:
This action was filed by Plaintiffs, on behalf of themselves and all others similarly
situated, for minimum wage violations under the Fair Labor Standards Act (“FLSA”) and

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Oregon law, improper deduction of wages, and penalty wages for failure to pay wages upon
termination. The Court certified the following Classes in its June 10, 2013 Opinion and
Order (doc. #92):
A.

FLSA Class: all over the road drivers employed by Defendant three years prior
of the court's conditional certification.
1.

FLSA Entry Level Driver Subclass: all FLSA Class members
who participated in the ELD Program.

B.

Oregon Class: all over the road drivers who were dispatched from
Defendant's facilities in Oregon beginning February 14, 2005 (six years prior
to filing date of case).
1.

Oregon ELD Subclass: all Oregon Class members who participated in
the ELD Program.

2.

Oregon § 652.150 Subclass: all Oregon Class members who
were terminated during the Oregon Class period.

The Court denied certification of the proposed Oregon Deduction Subclass, consisting
of all Oregon Class members who had idling time deducted from their wages. The Court's
findings in its June 10, 2013 Opinion and Order (doc. #92) are incorporated herein.
In its January 15, 2014 Opinion and Order (doc. #145), the Court granted Defendant's
motion for summary judgment. The Court ruled in favor of Defendant on the first cause of
action, brought by Plaintiffs, the FLSA Class, and the FLSA ELD Subclass, for violations of
the Fair Labor Standards Act, 29 U.S.C. § 206, and on the second cause of action, brought by
Plaintiffs, the Oregon Class, and the Oregon ELD Subclass, for violation of Oregon minimum
wage laws, ORS §§ 653.025 and 653.055. The Court denied Plaintiff s motion for partial
summary judgment. The Court’s findings in its January 15, 2014 Opinion and Order (doc.
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#145) are incorporated herein.
On remand from the Ninth Circuit Court of Appeals, this Court reviewed its January 15,
2014 Opinion & Order to determine whether Plaintiffs preserved argument based on a claim for
minimum wages before April 2011. The Court concluded that the arguments had not been
preserved (doc. # 203).
Plaintiff Freedman tried his third claim for improper deductions under ORS §
652.610 and his fourth claim for penalty wages for failure to pay wages upon termination
under ORS § 652.140 to the Court, on an individual basis, on March 19, 2014. The Court
issued its Findings of Fact and Conclusions of Law (doc. #178), which are incorporated
herein, on May 20, 2014 . The Court held that Defendant improperly deducted a portion of
Plaintiff Freedman’s wages in violation of ORS § 652.610, but Defendant did not willfully
fail to pay Plaintiff Freedman all wages due upon termination in violation of ORS §
652.150. The Court held that Plaintiff Freedman is awarded $200 in damages, costs, and
reasonable attorney fees.
Pursuant to the Court’s above referenced orders:
1.

Judgment is entered against Plaintiffs, the FLSA Class, and the FLSA Entry

Level Driver Subclass on the first cause of action in Third Amended Complaint.
2.

Judgment is entered against Plaintiffs, the Oregon Class, and the Oregon

ELD Subclass on the second cause of action in the Third Amended Complaint.
3.

Judgment is entered against Plaintiffs and the Oregon § 652.150 Subclass on

the fourth cause of action in the Third Amended Complaint.
//
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4.

Judgment is entered in favor of Plaintiff Frederick Freedman on the third cause

of action in the Third Amended Complaint. Plaintiff Freedman is awarded a judgment in the
amount of $200 in damages, plus costs and reasonable attorney fees.

DATED this ___________ day of _________________________, 2017.

MARCO A. HERNÁNDEZ
United States District Judge

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