Foschi v. Pennella et al

Plaintiff: Daniel J Foschi
Defendant: Drivers Solutions Incorporated, Mary A Pennella and Dennis M Pennella
Case Number: 2:2014cv01253
Filed: June 6, 2014
Court: Arizona District Court
Office: Phoenix Division Office
County: Maricopa
Presiding Judge: Neil V Wake
Nature of Suit: Fair Labor Standards Act
Cause of Action: 28:1441
Jury Demanded By: Plaintiff

Available Case Documents

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Date Filed#Document Text
December 9, 2014 37 Opinion or Order of the Court ORDER that Plaintiff's Motion to certify a collective action seeking unpaid overtime wages under the FLSA is denied. FURTHER ORDERED that Plaintiff's Motion to certify a collective action seeking unpaid minimum wages under the FLSA is grant ed, to the extent of any damages suffered within three years of the date on which each driver plaintiff opts in to the collective action. FURTHER ORDERED that Plaintiff's Motion to certify a Rule 23 class action seeking unpaid minimum wages und er the Arizona state minimum wage law isdenied without prejudice. FURTHER ORDERED that by December 19, 2014, Defendants shall provide Plaintiff with the names and last known addresses of all drivers who have worked for Defendants in Arizona for the three years prior to the date of this Order. FURTHER ORDERED that Plaintiff and Defendants shall confer and submit to the Court by December 19, 2014, a revised proposed Notice to send to potential class members, unless by that date Plaintiff has f iled a motion to amend the pleadings. FURTHER ORDERED that by December 19, 2014, the parties shall submit to the Court a proposed schedule for the mailing of notice to potential FLSA class members, unless by that date Plaintiff has filed a motion to amend the pleadings. Signed by Judge Neil V Wake on 12/9/2014.(KMG)

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Defendant: Drivers Solutions Incorporated
Represented By: Laurent Richard George Badoux(Designation Retained)
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Defendant: Mary A Pennella
Represented By: Laurent Richard George Badoux(Designation Retained)
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Defendant: Dennis M Pennella
Represented By: Laurent Richard George Badoux(Designation Retained)
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Plaintiff: Daniel J Foschi
Represented By: Kaitlyn Alissa Redfield-Ortiz(Designation Retained)
Represented By: Nicholas Jason Enoch(Designation Retained)
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