Alonzo v. Maximus, Inc.

275 F.R.D. 513, 2011 WL 2437444
CourtDistrict Court, C.D. California
DecidedJune 17, 2011
DocketNo. 2:08-CV-06755-JST (MANx)
StatusPublished
Cited by10 cases

This text of 275 F.R.D. 513 (Alonzo v. Maximus, Inc.) is published on Counsel Stack Legal Research, covering District Court, C.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Alonzo v. Maximus, Inc., 275 F.R.D. 513, 2011 WL 2437444 (C.D. Cal. 2011).

Opinion

AMENDED ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFFS’ MOTION FOR CLASS CERTIFICATION

JOSEPHINE STATON TUCKER, District Judge.

I. Introduction

This matter is before the Court on a Motion for Class Certification filed by Plaintiffs Blanco Alonzo, Jodi Valdes, and Michelle Da-buet (collectively “Plaintiffs”). (Mot., Doc. 76.)1 Defendant Maximus, Inc. (“Defendant”) opposed the Motion, and Plaintiffs replied. (Opp’n, Doe. 77; Reply, Doc. 89.) For the reasons set forth below, the Court GRANTS IN PART and DENIES IN PART Plaintiffs’ Motion for Class Certification.

II. Background

Defendant “operates health and human services programs throughout the country, primarily for state and local government agencies.” (Declaration of Colleen Moskal (“Moskal Deck”), Doc. 77-14, ¶2.) In California, Defendant operates the Welfare to Work programs for Los Angeles County, Orange County, and San Diego County.2 (Mot. at 1.) Plaintiffs were employed in Defendant’s El Cajon office as Employment Case Managers. (First Amended Complaint (“FAC”), Doc. 1, Ex. C, ¶ 15.) Plaintiffs seek to certify a class of all persons employed by Defendant in California as Employment Case Managers, or in positions with substantially similar duties.3 (Mot. at ii.)

Plaintiffs originally filed their Complaint in Los Angeles County Superior Court on November 26, 2007. (Doc. 1, Ex. A.) On September 14, 2008, Plaintiff filed a First Amended Complaint (“FAC”). Defendant [518]*518removed the action to federal court on October 14, 2008. (Doc. 1.) Plaintiffs’ FAC alleges: (1) violation of California Labor Code §§ 201-203 due to unpaid wages and unpaid overtimes wages (and as a result, failure to timely pay wages upon discharge); (2) violation of California Labor Code § 226 for failure to provide accurate wage statements; and (3) violation of California Business and Professional Code § 17200 for unfair business practices. In their Motion for Class Certification, Plaintiffs re-label and reorganize the claims as: (1) Bonus/Overtime Claim; (2) Paystub Claim; (3) Off-the-Clock Claim; and (4) Unfair Competition Law Claim. (Mot. at 1-2.) The Bonus/Overtime Claim is based on Defendant’s failure to incorporate bonuses earned by Plaintiffs into Plaintiffs’ “regular pay” rate for purposes of calculating Plaintiffs’ overtime rate.4 The Paystub Claim is based on Defendant’s failure to list Plaintiffs’ hourly pay rate and the inclusive dates of Plaintiffs’ pay period on the wage statements (also called “paystubs”) provided to Plaintiffs. The Off-the-Clock Claim has two prongs. First, Plaintiffs allege that due to Defendant’s rounding policy they were forced to work off-the-clock (“Off-the-Clock (rounding) Claim”). Second, Plaintiffs allege that Defendant had a practice of having employees work overtime after clocking out (“Off-the-Clock (working off-the-clock) Claim”). The Unfair Competition Law (“UCL”) Claim is derivative of the Bonus/Overtime and Off-the-Clock Claims.5

Plaintiffs now move, pursuant to Rule 23 of the Federal Rules of Civil Procedure, to certify a class of:

All persons employed in California by defendant Maximus, Inc. as Employment Case Managers, and Lead Employment Case Managers, Case Manager, or Lead Case Manager, or in positions with substantially similar duties, during any [sic] from November 26, 2003 until the time of final judgment in this action. The class includes the following positions: Manager/Facilitator, Specialist Case Management, Sanctions Specialist, Counselor-Case Management, Counselor-Enroll-menf/Eligibility, and Specialist-Work Force Analyst.

(Mot. at ii.) Defendant opposed the Motion for Class Certification, and Plaintiff filed a reply.

III. Legal Standard

“Rule 23 ‘provides district courts with broad discretion to determine whether a class should be certified, and to revisit that certification throughout the legal proceedings before the court.’ ” Dukes v. Wal-Mart, 603 F.3d 571, 579 (9th Cir.2010) (en banc), cert. granted, — U.S. -, 131 S.Ct. 795, 178 L.Ed.2d 530 (2010) (quoting Armstrong v. Davis, 275 F.3d 849, 872 n. 28 (9th Cir.2001)). Under Rule 23:

A district court may certify a class only if: (1) the class is so numerous that joinder of all members is impracticable; (2) there are questions of law or fact common to the class; (3) the claims or defenses of the representative parties are typical of the claims or defenses of the class; and (4) the representative parties will fairly and adequately protect the interests of the class.

Id. at 580(citing Fed.R.Civ.P. 23(a)). The district court must also determine that one of the following three conditions is satisfied:

(1) the prosecution of separate actions would create a risk of: (a) inconsistent or varying adjudications, or (b) individual adjudications dispositive of the interests of other members not a party to those adjudications; (2) the party opposing the class has acted or refused to act on grounds generally applicable to the class; or (3) questions of law or fact common to the members of the class predominate over any questions affecting only individual members, and a class action is superior to other available methods for the fair and efficient adjudication of the controversy.

[519]*519Id. (citing FedR.Civ.P. 23(b)). “The party seeking certification bears the burden of showing that each of the four requirements of Rule 23(a) and at least one requirement of Rule 23(b) have been met.” Id.

“[District courts must make determinations that each requirement of Rule 23 is actually met____ While plaintiffs need not make more than allegations as to their substantive claims, whether the suit is appropriate for class resolution must be actually demonstrated, not just alleged, to the district court’s satisfaction.” Id. at 590. Despite the need to determine that each Rule 23 requirement is met, however, the district court should “avoid a trial-level inquiry at the certification stage.” Id. at 590-91. “A district court’s analysis will often, though not always, require looking behind the pleadings, even to issues overlapping with the merits of the underlying claims.” Id. at 581. “[District courts may not analyze any portion of the merits of a claim that do not overlap with the Rule 23 requirements.” Id. at 594. As the Ninth Circuit in Dukes recently clarified:

A district court must sometimes resolve factual issues related to the merits to properly satisfy itself that Rule 23’s requirements are met, but the purpose of the district court’s inquiry at this stage remains focused on, for example, common questions of law or fact under Rule 23(a)(2), or predominance under Rule 23(b)(3), not the proof of answers to those questions or the likelihood of success on the merits.

Id. at 590.

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Bluebook (online)
275 F.R.D. 513, 2011 WL 2437444, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alonzo-v-maximus-inc-cacd-2011.