Opinion
CASE NO. CV F 07-1314 LJO DLB
01-02-2013
IN RE TACO BELL WAGE AND HOUR
ORDER TO ADOPT FINDINGS AND
RECOMMENDATIONS ON CLASS
CERTIFICATION
(Doc. 341.)
INTRODUCTION
U.S. Magistrate Judge Dennis L. Beck issued November 27, 2012 findings and recommendations ("f and r's") to certify the following class
Meal Break Subclass:
All persons who work or worked as a non-exempt, hourly-paid employee at a corporate-owned Taco Bell restaurant in California from September 7, 2003, until the resolution of this lawsuit who worked for a period of time in excess of six hours and who worked for periods longer than five hours without a meal period of not less than thirty minutes as reflected in Defendants' employees' time records.
The parties filed objections to the f and r's. Defendants Taco Bell Corp. and Taco Bell of America, Inc. (collectively "defendants") object that:
1. The late meal break class was not properly pled in plaintiffs' operative complaint;
2. Members of the late meal class are not ascertainable;
3. Plaintiffs fail to satisfy commonality requirements;
4. Litigating late meal period claims as a class is neither manageable nor superior;
5. The named plaintiffs fail to satisfy typicality requirements;
6. The proposed class has internal conflicts of interest;
7. Plaintiffs' counsel is inadequate; and
8. The late meal break class is overly inclusive.
Plaintiffs object that the f and r's did not certify the unpaid meal break premium, on-duty meal period agreement, and rest break classes. Plaintiffs fault the f and r's analysis of these proposed classes.
This Court carefully considered the parties' objections and carefully reviewed de novo the record and f and r's. This Court finds that the f and r's adequately address concerns of defendants, who appear to seek unrealistic perfection with the proposed late meal break class. Likewise, this Court finds that the f and r's correctly analyzed the proposed classes to result in recommendation of only the late break class.
CONCLUSION AND ORDER
Pursuant to 28 U.S.C. § 636(b)(1)(C), this Court conducted a de novo review of this case. After carefully evaluating the record, this Court finds the magistrate judge's findings and recommendations are supported by the record and proper analysis.
Accordingly, this Court:
1. ADOPTS in full the magistrate judge's November 27, 2012 findings and recommendations and in particular the recommendation to certify the following class:
Meal Break Subclass:
All persons who work or worked as a non-exempt, hourly-paid employee at a corporate-owned Taco Bell restaurant in California from September 7, 2003, until the resolution of this lawsuit who worked for a period of time in excess of six hours and who worked for periods longer than five hours without a meal period of not less than thirty minutes as reflected in Defendants' employees' time records.IT IS SO ORDERED.
Lawrence J. O'Neill
UNITED STATES DISTRICT JUDGE