Nelson v. Penske Logistics LLC
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 TERRY NELSON, No. 2:23-cv-02756-DJC-CSK Plaintiff, v.
PENSKE LOGISTICS LLC,
Defendant. 16 JAMES MILAM, No. 2:24-cv-01944-DJC-CSK 17 Plaintiff, 18 v. ORDER
PENSKE LOGISTICS LLC,
20 Defendant.
Both Nelson v. Penske, No. 2:23-cv-02756-DJC-CSK, and Milam v. Penske, No. 2:24-cv-01944, are actions, brought individually and on behalf of a putative class, concerning wage and hour claims against Defendant Penske Logistics LLC. Presently before the Court is a Motion to Dismiss or Stay filed in the Milam action (Mot. to Dismiss (Milam ECF No. 36)) filed by Defendant Penske and a Motion to Consolidate the Milam and Nelson actions (Mot. to Consolidate (Milam ECF No. 40, Nelson ECF No. 23)), filed in both actions by Plaintiff James Milam. Both motions seek to resolve the fact that these actions are largely duplicative, though the motions propose different solutions. For the reasons stated below, the…