Maria Pena v. Taylor Farms Pacific, Inc.

690 F. App'x 526

• Court: Court of Appeals for the Ninth Circuit
• Decided: May 3, 2017
• Docket: 15-15965, 15-15966
• Status: Unpublished

Opinion

MEMORANDUM *

Taylor Farms Pacific, Inc. (“TFP”) and Abel Mendoza, Inc. (“AMI”) appeal the district court’s order 1 which granted class certification to a class comprised of current and former employees who allegedly did not receive the meal breaks required by California law while working at TFP’s produce and food processing facilities in Tracy, California. 2 The representative members of the certified classes are Maria Del Carmen Pena, Consuelo Hernandez, and Wendell T. Morris. 3 We affirm.

For the reasons set forth in its order, 4 we affirm the district court’s grant of “[c]ertification of the mixed hourly worker subclass ... as to meal break claims,” and its “[c]ertification of the waiting time subclass ... [to the extent it] is derivative of the mixed hourly workers subclass.” 5 We express no opinion about the district court’s determinations regarding the other subclasses. 6

AFFIRMED.

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3.

1 . Pena v. Taylor Farms Pac., Inc., 305 F.R.D. 197 (E.D. Cal. 2015) (hereafter Taylor Farms I).

2 . Class certification was sought on a number of other grounds, but the issues before us involve only a meal break subclass certification and a derivative waiting-time subclass certification.

3 . Morris is a representative member of the meal break subclass only.

4 . See Taylor Farms I, 305 F.R.D. 197.

5 . See id. at 224.

6 . See id. at 207-11, 223-24.