Both defendants move to strike the declaration and reports of the expert that the plaintiffs filed in support of their motion for class certification.
JanOne (formerly ARCA, Inc.) joins CC's summary judgment motion and separately moves for summary judgment on the issue of whether it is the plaintiffs' employer. CC moves to decertify the conditionally certified FLSA collective action and for summary judgment on the merits. The plaintiffs move to certify a class under Federal Rule of Civil Procedure 23 for the state law wage and overtime claims. The claims of Thomas Johnson, Amber Miller, and Mary Smith were dismissed because they failed to respond to discovery. Ariel Wilcox subsequently withdrew her consent. Thereafter, consents to join the suit were filed by Amber Miller, Donna Alford, Marguerite Sigmon, Ariel Wilcox, Brandon Cadena, Clarrissa Dix, Nathan Schavers, Krystal Paynther, Kevin Kinyon, Judith Cummings, Kenya Mills, Dawn Pratt, Steve Somodi, Rossalind Saxton, Thomas Johnson, Diana Giraldo, Richard Ortiz, Mary Smith, and Danielle Curley. The FLSA collective action was conditionally certified and notice was sent to putative collective action members. The plaintiffs amended a second time to substitute original defendant ARCA, Inc. The plaintiffs thereafter amended the complaint to substitute Cadena and Gonzales as named plaintiffs because Curley had become unresponsive. The defendants removed the case to this court. 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 for all work performed. They also assert state law violations for the failure to pay for all hours worked, minimum wages and overtime, and timely payment of wages due and owing upon termination. They contend that the failure to account and pay for this time resulted in overtime violations under the FLSA. Specifically, they contend that they were not paid for time spent booting up their computers before clocking into a timekeeping program at the beginning of their shifts and for time spent powering down the computers after clocking out of the timekeeping program at the end of their shifts. The plaintiffs sue on behalf of themselves and similarly situated employees under the Fair Labor Standards Act (FLSA) and Nevada law, claiming they were not paid for all time worked. CC is a wholly owned subsidiary of defendant JanOne Inc. Plaintiffs Cariene Cadena and Andrew Gonzales were hourly employees working at a call center for defendant Customer Connexx LLC (CC).
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