Davidson v. O'Reilly Auto Enterprises, LLC, No. 18-56188 (9th Cir. 2020)Annotate this Case
The Ninth Circuit affirmed the district court's order denying plaintiff's motion for class certification in an action challenging the written rest-break policy of O'Reilly Auto. Plaintiff raised procedural and substantive arguments on appeal.
The panel held that the district court did not abuse its discretion in setting and enforcing a deadline for moving to certify the class; the district court did not abuse its discretion in denying plaintiff's motion for class certification while at the same time granting her an additional month to develop evidence and submit a supplemental brief; and plaintiff was unable to establish that there were questions of law or fact common to the class where she failed to offer any evidence that the written policy was applied to employees. Finally, plaintiff waived her right to appeal the dismissal of her wage-statement claim.