Reyes v. Dollar Tree Stores, Inc.

Full title: RICHARD REYES, as an individual and on behalf of all others similarly…

Court: UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA

Date published: Aug 19, 2015

Case No. CV-14-4581-R (C.D. Cal. Aug. 19, 2015)

Opinion

Case No. CV-14-4581-R

08-19-2015

RICHARD REYES, as an individual and on behalf of all others similarly situated, Plaintiff, v. DOLLAR TREE STORES, INC., a corporation; and DOES 1 through 50, inclusive, Defendants.

LINDBERGH PORTER, Bar No. 100091 lporter@littler.com JEFFREY J. MANN, Bar No. 253440 jmann@littler.com LITTLER MENDELSON, P.C. 650 California Street 20th Floor San Francisco, CA 94108.2693 Telephone: 415.433.1940 Facsimile: 415.399.8490 Attorneys for Defendant DOLLAR TREE STORES, INC. DOMINIC J. MESSIHA, Bar No. 204544 dmessiha@littler.com LITTLER MENDELSON, P.C. 2049 Century Park East, 5th Floor Los Angeles, CA 90067.3107 Telephone: 310.553.0308 Facsimile: 310.553.5583 Attorneys for Defendant DOLLAR TREE STORES, INC.

HON. MANUEL L. REAL DISTRICT COURT JUDGE

LINDBERGH PORTER, Bar No. 100091
lporter@littler.com
JEFFREY J. MANN, Bar No. 253440
jmann@littler.com
LITTLER MENDELSON, P.C.
650 California Street
20th Floor
San Francisco, CA 94108.2693
Telephone: 415.433.1940
Facsimile: 415.399.8490
Attorneys for Defendant
DOLLAR TREE STORES, INC.
DOMINIC J. MESSIHA, Bar No. 204544
dmessiha@littler.com
LITTLER MENDELSON, P.C.
2049 Century Park East, 5^th Floor
Los Angeles, CA 90067.3107
Telephone: 310.553.0308
Facsimile: 310.553.5583
Attorneys for Defendant
DOLLAR TREE STORES, INC.
[ASSIGNED FOR ALL PURPOSES TO HON. MANUEL L. REAL, COURTROOM NO. 8] FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING DEFENDANT DOLLAR TREE STORES, INC.'S MOTION FOR DECERTIFICATION Complaint Filed: 7/13/12
FAC Filed: 12/7/12
Trial Date: None Set.

Pursuant to Central District Local Rule 52-2, Defendant DOLLAR TREE STORES, INC. ("Defendant") submits the following [Proposed] Findings of Fact and Conclusions of Law.

FINDINGS OF FACT

1. Reyes has admitted that his and other Dollar Tree employees' time punch records cannot be relied upon to determine whether rest breaks took place, much less why they may have been missed.

2. Dollar Tree maintained, disseminated and enforced lawful rest break policies to all class members. The overwhelming evidence is that class members understood these policies and took their rest breaks.

3. If class members were interrupted during a rest break, they were instructed to restart another paid rest break.

4. Dollar Tree's timekeeping system automatically alerted store managers if employees failed to punch out or back in and from rest breaks. Store Managers then followed up with employees to see that any issues were resolved.

5. Class members were also instructed to complete manual time clock worksheets if time punches were missed, to ensure compliance.

6. The unique individualized reasons class members might have missed rest breaks cannot be determined by reference to the policies or the time records, or by representative evidence.

CONCLUSIONS OF LAW

1. Dollar Tree maintained, disseminated and enforced lawful rest break policies to all class members.

2. The unique individualized reasons class members might have missed rest breaks are dispositive of liability.

3. The class is unascertainable, because the Dollar Tree's punch records cannot be relied upon to determine whether rest breaks took place, much less why they may have been missed.

4. Individual issues as to the reasons class members might have missed rest breaks predominate over common questions. Dated: August 19, 2015

/s/_________

HON. MANUEL L. REAL

DISTRICT COURT JUDGE