Molock v. Whole Foods Market Group, Inc., No. 18-7162 (D.C. Cir. 2020)Annotate this Case
Current and former Whole Foods employees initiated this diversity action seeking to recover purportedly lost wages, alleging that Whole Foods manipulated its incentive-based bonus program, resulting in employees losing wages otherwise owed to them. In the not yet certified class action, Whole Foods moved to dismiss all nonresident putative class members for lack of personal jurisdiction.
The DC Circuit affirmed the district court's denial of Whole Foods' motion to dismiss, on alternative grounds, holding that putative class members -- absent class certification -- are not parties before a court and thus Whole Foods' motion was premature. The court wrote that, only after the putative class members are added to the action, should the district court entertain Whole Foods' motion to dismiss the non-named class members. Finally, the court held that Whole Foods' remaining arguments were without merit.