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Castle v. Wells Fargo Financial, Inc.

United States District Court, N.D. California
Feb 20, 2008
No. C 06-4347 SI (N.D. Cal. Feb. 20, 2008)

Summary

denying certification of a nationwide FLSA collective action where the plaintiffs had submitted 24 declarations of putative class members in 8 states who were employed at 28 of the defendant's 1000 branch offices; court found averments that the employees were not paid for all overtime hours, that the managers pressured them not to record overtime hours, the managers altered the time records that reflected overtime hours, and the managers offered "flex time" in lieu of overtime compensation were insufficient to demonstrate a nationwide common policy or practice

Summary of this case from Mancuso v. Florida Metropolitan University, Inc.

Opinion

No. C 06-4347 SI.

February 20, 2008


ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFFS' RENEWED NOTICE OF MOTION AND MOTION FOR LEAVE TO AMEND


Plaintiffs have filed a motion to amend the complaint, seeking to add plaintiffs who never signed arbitration agreements and to expand the putative class to include "senior credit managers" and "loan processors." The Court GRANTS the motion in part. Plaintiffs may add plaintiffs who did not sign arbitration agreements. However, in light of the Court's denial of plaintiffs' motion for conditional certification, plaintiffs' request to expand the putative class is DENIED as moot. (Docket No. 183). Plaintiffs' second amended complaint must be filed by February 29, 2008.

IT IS SO ORDERED.


Summaries of

Castle v. Wells Fargo Financial, Inc.

United States District Court, N.D. California
Feb 20, 2008
No. C 06-4347 SI (N.D. Cal. Feb. 20, 2008)

denying certification of a nationwide FLSA collective action where the plaintiffs had submitted 24 declarations of putative class members in 8 states who were employed at 28 of the defendant's 1000 branch offices; court found averments that the employees were not paid for all overtime hours, that the managers pressured them not to record overtime hours, the managers altered the time records that reflected overtime hours, and the managers offered "flex time" in lieu of overtime compensation were insufficient to demonstrate a nationwide common policy or practice

Summary of this case from Mancuso v. Florida Metropolitan University, Inc.

describing one example of an off the clock case where the employer-defendant "had an unwritten company-wide policy of 'shaving' off overtime hours from employees' time records"

Summary of this case from Rivera v. Saul Chevrolet, Inc.

In Castle, plaintiffs proposed a nationwide FLSA collective action against Wells Fargo based on allegations similar to those presented in this case.

Summary of this case from Anyere v. Wells Fargo, Co., Inc.

In Castle, the court noted that the Castle plaintiffs might be able to prove their allegations in smaller class actions focused on particular Wells Fargo branches or regions.

Summary of this case from Anyere v. Wells Fargo, Co., Inc.
Case details for

Castle v. Wells Fargo Financial, Inc.

Case Details

Full title:RICHARD CASTLE, et al., Plaintiffs, v. WELLS FARGO FINANCIAL, INC.…

Court:United States District Court, N.D. California

Date published: Feb 20, 2008

Citations

No. C 06-4347 SI (N.D. Cal. Feb. 20, 2008)

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