Foschi v. Pennella et al
||Daniel J Foschi
||Drivers Solutions Incorporated, Mary A Pennella and Dennis M Pennella
||June 6, 2014
||US District Court for the District of Arizona
||Phoenix Division Office
||Neil V Wake
|Nature of Suit:
||Fair Labor Standards Act
|Cause of Action:
||28 U.S.C. § 1441
|Jury Demanded By:
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|December 9, 2014
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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