Garmaliel Aguirre et al v. Genesis Logistics et al, No. 8:2012cv00687 - Document 124 (C.D. Cal. 2014)

Court Description: FINAL JUDGMENT by Judge James V. Selna, in favor of Genesis Logistics. See Judgment for more information as to ruling and amounts. (MD JS-6, Case Terminated). (twdb)
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Garmaliel Aguirre et al v. Genesis Logistics et al Doc. 124 5 DESAI LAW FIRM, P.C. Aashish Y. Desai, Esq. (SBN 187394) M. Adrianne De Castro, Esq. (SBN 238930) 3200 Bristol St., Ste. 650 Costa Mesa, CA 92626 Telephone: (949) 614-5830 Facsimile: (949) 271-4190 aashish@desai-law.com adrianne@desai-law.com 6 Attorneys for Plaintiffs 1 2 3 4 JS-6 7 8 UNITED STATES DISTRICT COURT 9 CENTRAL DISTRICT OF CALIFORNIA 10 11 12 13 14 15 16 17 18 19 20 21 22 ) ) ) ) ) ) ) ) ) ) ) Plaintiffs, ) ) v. ) ) GENESIS LOGISTICS INC., an Ohio ) corporation, and DOES 1-100, inclusive, ) ) Defendants. ) ) ) ) ) GARMALIEL AGUIRRE, LUIS BERNAL, KAREEM CRAIG, GREG GUERRERO, MARTHA HILDEBRAND, BRET LAMBOURNE, MATTHEW LAMBOURNE, DAN LE BOEUF, CARLOS MARTINEZ, BRIAN MATA, JOHN M. ORTEGA, ANTHONY ORTIZ, HENRY RENDON, KENNY SWAILS, and all other “aggrieved” employees, CASE NO.: SAVC12-00687-JVS (ANx) FINAL JUDGMENT Complaint Filed: May 2, 2012 23 24 25 26 27 28 1 FINAL JUDGMENT 4515904v1 Dockets.Justia.com 1 2 3 4 5 6 7 The parties to this case, representative plaintiffs Garmaliel Aguirre, Luis Bernal, Kareem Craig, Greg Guerrero, Martha Hildebrand, Bret Lambourne, Matthew Lambourne, Dan Le Bouef, Carlos Martinez, Brian Mata, John M. Ortega, Anthony Ortiz, Henry Rendon, Kenny Swails and the certified class that they represent (collectively, “Plaintiffs”), and defendant Genesis Logistics, Inc., erroneously sued as Genesis Logistics (“Genesis”), hereby submit the following judgment for approval and entry by this Court: 8 9 RECITALS 10 11 1. 12 On March 26, 2013, the Court granted Plaintiffs’ Motion for Class Certification, and certified the following classes of Plaintiffs: 13 (a) 14 Inaccurate Wage Statement Class: All drivers employed by Genesis Logistics, Inc. in California who were subject to Activity- 15 Based Compensation under the Collective Bargaining Agreement 16 between Genesis and Teamsters Local Union No. 396 from May 2, 17 2011, to the present. 18 (b) 19 Waiting Time Class: All drivers employed by Genesis Logistics, Inc. in California who were subject to Activity-Based 20 Compensation under the Collective Bargaining Agreement between 21 Genesis and Teamsters Local Union No. 396, and whose 22 employment terminated from May 2, 2009, to the present. 23 (c) 24 Failure to Pay All Wages Earned and Minimum Wage Class: All drivers employed by Genesis Logistics, Inc. in California 25 who were subject to Activity-Based Compensation under the 26 Collective Bargaining Agreement between Genesis and Teamsters 27 Local Union No. 396 from May 2, 2008, to the present. 28 2 FINAL JUDGMENT 4515904v1 1 2. 2 3 Genesis filed a motion for judgment on the pleadings, and the parties filed extensive cross-motions for summary judgment. 3. 4 The Court, having now considered the parties’ motions, memoranda of points and authorities, statements of uncontroverted facts and 5 conclusions of law, supporting declarations and evidence, as well as 6 having considered the other pleadings, records, and documents on 7 file in this action, and having issued Orders, Docket Numbers 39, 93, 8 and 119, detailing its rulings, hereby decrees as follows: 9 10 JUDGMENT 11 12 13 IT IS HEREBY ORDERED AND ADJUDGED that judgment is entered as follows: 14 15 1. 16 claims under the Private Attorney General Act (“PAGA”) and the 17 Unfair Competition Law (“UCL”) (California Labor Code Section 18 2699 et. seq.; California Labor Code Sections 226.7 and 512; 19 California Business and Professional Code Section 17200 et. seq.) as 20 preempted by the Federal Aviation Administration Authorization 21 22 Judgment in favor of Genesis on Plaintiffs’ meal and rest break Act, 49 U.S.C. 14501 et seq.; 2. 23 Judgment in favor of Genesis on Plaintiffs’ claim for unpaid wages under the PAGA and UCL (California Labor Code Section 2699 et. 24 seq.; California Labor Code Sections 204, 1197-98; California 25 Business and Professional Code Section 17200 et. seq.); as 26 preempted by Section 301 of the federal Labor Management 27 Relations Act (“LMRA”); 28 3 FINAL JUDGMENT 4515904v1 1 3. 2 under PAGA and the UCL (California Labor Code Section 2699 et. 3 seq.; California Labor Code Sections 201-203; California Labor 4 Code Sections 201-203; California Business and Professional Code 5 6 Section 17200 et. seq.) as preempted by Section 301 of the LMRA; 4. 7 Labor Code Section 226) in the amount of $500,000.00, with the 9 possibility of an additional $100,000.00 per month under the PAGA, 10 up to a maximum total of an additional $500,000.00, for every month 11 past December 15, 2013, that Genesis does not submit a declaration 12 demonstrating compliance with Labor Code Section 226(a); 5. 14 Judgment in favor of Genesis on Plaintiffs’ wage statement claims under the UCL (California Labor Code Section 226; California 15 Business and Professional Code Section 17200 et. seq.); for lack of 16 17 Judgment in favor of Plaintiffs on their wage statement claims under the PAGA (California Labor Code Section 2699 et. seq., California 8 13 Judgment in favor of Genesis on Plaintiffs’ waiting time claims statutory standing. 6. 18 Judgment in favor of Genesis on Plaintiffs’ record-keeping claims under PAGA and the UCL (California Labor Code Section 2699 et. 19 seq.; California Labor Code Sections 226 and 1174; California 20 Business and Professional Code Section 17200 et. seq.). 21 22 23 24 DATED:_January 14, 2014 25 26 ________________________________ The Honorable Judge James V. Selna United States District Court 27 28 4 FINAL JUDGMENT 4515904v1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5 FINAL JUDGMENT 4515904v1