One of the oldest pending cases for the Law Offices of Choi & Associates continues. On February 28, 2011, Plaintiff Catherine E Avilez filed a class action complaint against Securitas Critical Infrastructure (formerly known as Pinkerton Government Services) in the Orange County Superior Court. The case was removed by Defendant to the United States District Court, Central District Case No. 8:11-cv-00493-DOC-RZ. On October 9, 2012, the Court certified the following classes: (1) “all DEFENDANTS’ past and present California employees who worked more than 5 hours in any work shift as a Security Guard from September 17, 2009 through the present” (“Meal Break Class” or “Class 1”); and/or (2) “all DEFENDANTS[’] past and present California employees who worked as Security Guards from September 17, 2009 through the present who received itemized wage statements” (“Wage Statement Class” or “Class 2”) and also certified the following Sublcasses: (a) “all DEFENDANTS’ past and present California employees who worked more than 5 hours in any ‘on-duty meal break’ work shift as a Security Guard from September 17, 2009 through the present” (“Meal Break Subclass” or “Subclass (a)”); (b) “all DEFENDANTS[’] past and present California employees who worked as Security Guards in any ‘on-duty meal break’ work shift from September 17, 2009 through the present who received itemized wage statements” (“Wage Statement Subclass” or “Subclass (b)”); (c) “all DEFENDANTS’ past and present California employees who worked more than 5 hours in any ‘on-duty meal break’ work shift as a Security Guard from September 17, 2009 through the present and who did not sign any Dispute Resolution Agreement containing a Class Action Waiver” (“No-Signed-Waiver Subclass” or “Subclass (c)”); (d) “all DEFENDANTS’ past and present California employees who worked more than 5 hours in any ‘on-duty meal break’ work shift as a Security Guard, and was presented with and signed a Dispute Resolution Agreement containing a Class Action Waiver, at any time between September 17, 2009 through the date each respective employee signed said agreement” (“Signed-Waiver Subclass” or “Subclass (d)”).
Defendant petitioned the U.S. Court of Appeals for the Ninth Circuit for leave to appeal this Court’s October 9, 2012 Order granting class certification. On January 23, 2013, Defendant’s petition was granted. On April 1, 2015, the Ninth Circuit Court of Appeals issued a mandate to follow the Ninth Circuit’s March 9, 2015 judgment which directed the District Court to “certify a class under Federal Rules of Civil Procedure 23(c)(4) on the issue whether there exists a prima facie case for liability. If a prima facie case exists, the district court may proceed to entertain Pinkerton’s affirmative defenses and cull the class accordingly.”
The case continues to be litigated in the United States District Court. If you have any questions regarding this case, please contact the Law Offices of Choi & Associates at 213-592-3309.