I decline to exercise supplemental 2 jurisdiction over the remaining state law claims because I have resolved the only federal claims 3 in the case and because the state law claims raise novel issues of state law best addressed by 4 Nevada courts. Because I grant summary judgment in favor of JanOne based on CC’s motion, I deny 2 Case 2:18-cv-00233-APG-DJA Document 112 Filed 07/21/21 of 18 1 as moot JanOne’s separate motion for summary judgment. I 21 grant CC’s summary judgment motion on the FLSA claims, which JanOne joins, because the 22 time spent logging on and off a computer are non-compensable preliminary and postliminary 23 activities. I deny the defendants’ motion to decertify the FLSA collective action 20 because the plaintiffs are similarly situated in a way that is material to their FLSA claims. 18 The parties are familiar with the facts, so I repeat them here only where necessary to 19 resolve the motions. Both defendants move to strike the declaration and reports of the expert 17 that the plaintiffs filed in support of their motion for class certification. JanOne (formerly ARCA, Inc.) joins CC’s summary judgment motion 15 and separately moves for summary judgment on the issue of whether it is the plaintiffs’ 16 employer. CC moves to 13 decertify the conditionally certified FLSA collective action and for summary judgment on the 14 merits. The plaintiffs move to certify a class under Federal Rule of 12 Civil Procedure 23 for the state law wage and overtime claims. The claims of Thomas Johnson, Amber Miller, and Mary Smith were dismissed 10 because they failed to respond to discovery. Ariel Wilcox subsequently withdrew her consent. Thereafter, consents to join the suit were filed by 5 Amber Miller, Donna Alford, Marguerite Sigmon, Ariel Wilcox, Brandon Cadena, Clarrissa Dix, 6 Nathan Schavers, Krystal Paynther, Kevin Kinyon, Judith Cummings, Kenya Mills, Dawn Pratt, 7 Steve Somodi, Rossalind Saxton, Thomas Johnson, Diana Giraldo, Richard Ortiz, Mary Smith, 8 and Danielle Curley. 3 The FLSA collective action was conditionally certified and notice was sent to putative 4 collective action members. The plaintiffs amended a second time to substitute 2 original defendant ARCA, Inc.
The plaintiffs thereafter 23 amended the complaint to substitute Cadena and Gonzales as named plaintiffs because Curley Case 2:18-cv-00233-APG-DJA Document 112 Filed 07/21/21 of 18 1 had become unresponsive. The defendants removed the case to this court. 21 This case was initiated in state court by former named plaintiff Danielle Curley. Finally, they assert a breach of contract claim for failure to pay 20 for all work performed. They also assert state law violations for the 18 failure to pay for all hours worked, minimum wages and overtime, and timely payment of wages 19 due and owing upon termination. They contend that the failure to account and pay for this time 17 resulted in overtime violations under the FLSA. Specifically, they contend that they were not paid for time spent 14 booting up their computers before clocking into a timekeeping program at the beginning of their 15 shifts and for time spent powering down the computers after clocking out of the timekeeping 16 program at the end of their shifts. The plaintiffs sue on behalf of themselves and similarly situated 12 employees under the Fair Labor Standards Act (FLSA) and Nevada law, claiming they were not 13 paid for all time worked. CC is a wholly owned subsidiary of 11 defendant JanOne Inc. Case No.: 2:18-cv-00233-APG-DJA Order 6 CUSTOMER CONNEXX LLC and JANONE INC., 7 Defendants 8 9 Plaintiffs Cariene Cadena and Andrew Gonzales were hourly employees working at a call 10 center for defendant Customer Connexx LLC (CC). 112 Case 2:18-cv-00233-APG-DJA Document 112 Filed 07/21/21 of 18 1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 CARIENE CADENA, et al., 4 Plaintiffs 5 v.
0 kommentar(er)
